2019-02ORDINANCE NO. 2019-02
AN ORDINANCE AMENDING CHAPTER 110 (ZONING) TO AMEND PORTIONS
OF ARTICLES AND SECTIONS CONTAINED THEREIN, INCLUDING
INTRODUCTORY PROVISIONS, ZONING DISTRICTS AND REGULATIONS,
SITE DEVELOPMENT STANDARDS, DEVELOPMENT REVIEW PROCEDURES,
ENFORCEMENT AND PENAL TIES, AND DEFINITIONS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter
110, Article 1, §1.5.4, of the Code of the City of Fairfax, Virginia, is hereby amended as
follows:
§ 1.5.4. Build-to line
Build-to line~ refeFS te are either the front and side (street) property lines or lines parallel to
the front and side (street) property lines as specified to provide the maximum yard allowed to
which a minimum percentage of the building fa~de along the front yard and side (street)
yard, if any, must be built.
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BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 1, §1.5.10, of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§ 1.5 .10. Frontage
A. Building frontage
2. Building frontage is measured in a straight line from one end of the wall most nearly
parallel to and adjacent to the street, to required parking (§4.2) or recreation and open space
(§3 .M8.7) to the other end of the same wall facing the street, required parking or recreation
and open space. Neither articulations nor offsets in the wall shall increase the length of the
building frontage.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 1, §1.6.6, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§ 1.6.6. District conversion
The zoning district names in effect prior to the effective date of thi s chapter are amended as shown
below.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 11 O, Article 3, §3.2.2, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§3 .2 .2. Overlay districts
A. Historic overlay districts
4. JehR C. Weed Heese Histeris 0¥erlay Distrist
There is kereby sreatee a histeris everlay distriet te ee kRewR as tke Jehn C. Weed He\:lse
Histerie Overlay Distriet, the be1:1Rdaries ef whisk are te be set tertk eR tke eity's effieial
2eRiRg FRap.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 3, §3.3.1, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§3.3.1 . Principal use table
8. Principal uses
The following table lists the principal uses permitted by this chapter for general use districts.
For overlay districts, see §3.7; for planned development districts, see §3 .8; for accessory uses,
see §3.5 .5; for temporary uses, see §3 .5 .6; and for large format retail, see §4.9.
RfSIDlNTtAL NONRESIOFNTIAL
USE TYP£s:LJsE GROUPS'
P = PERMITTE.O / S = SPE:CIAL USE §6.7 / 0 = GROUP OF USES §3.4.1
Furniture, 8A4-appliance or carpe t/flooring
stores
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BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 3, §3.4.1, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§3 .4.1. U se interpretation
F . Commercial use groups
6 . Restaurants or food services
An establishment engaged in the preparation and retail sale of food and/or beverages for on or
off-premise consumption to persons not residing on the premise and where the design or
principal method of operation consists of one or more of the following:
(c) Restaurant, specialty: an establishment primarily engaged in the retail sale of a limited
variety of baked goods, candy, coffee, ice cream or other specialty food items, which may be
prepared for on-premises sale and which may be consumed on the site, but excluding any
service to a customer in an motor vehicle. Typical uses include retail bakeries, coffee shops,
doughnut shops, and ice cream shops.
7 . Retail, general
A primarily indoor facil ity involved in the wholesale or retail sale, lease, or rental of new or
used products. General retail includes the selling, leasing or renting of the following goods:
antiques; art supplies; bicycles; cameras; cash for gold shops; eaff)et aRa fleer ee1,ceriRgs ;
crafts; clothing; computers; dry goods; drug stores; electronic equipment; fabric; garden
supplies; hardware; household products; jewelry; medical supplies; musical instruments;
music; pawn shops; pets; pet supplies; pharmaceuticals; printed materials; sporting goods;
vehicle parts; or any similar use. General retail does not include any adult use.
8. Services, general
A facility involved in providing general or repair services. General services shall include the
following: animal grooming; photocopy; sign-making; security service; taxidermy; or any
similar use. General services shall also include the following repair services: bicycles; canvas
products; clocks; computers; musical instruments; office equipment; radios; televisions;
furniture or any similar use. General services shall also include an upholsterer or locksmith.
General services does not include any adult use.
G. Industrial use groups
3. Manufacturing, limited
A facility conducting light industrial and manufacturing operations within a fully enclosed
building, generally serviced by trucks no longer than 24 feet in length. Limited manufacturing
shall include the following: building contractors; building maintenance service; bulk mailing
service; clothing or textile manufacturing; extenninator; laundry or dry cleaning plant;
medical or dental laboratory; photo-finishing laboratory; printing, publishing, and
lithography; production of artwork and toys; sign makiRg fabrication; lawn mower repair;
movie production facility; photo-finishing laboratory; welding, machine, tool repair shop or
studio; or any similar use.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 11 O, Article 3, §3.5.4, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§3.5.4. Industrial use standards
A. Fuel sales, residential
Residential fuel sales facilities shall have on-site storage capacity of no greater than 49,000
gallons.
B. Manufacturing, general
All outdoor activities and storage associated with general manufacturing shall be screened
from view off site in accordance with the requirements of §4.5.8 and §4.10.
C. Manufacturing, heavy
All outdoor activities and storage associated with heavy manufacturing uses shall be screened
from view off site in accordance with the requirements of §4.5.8 and §4.10.
D. Manufacturing, limited
All outdoor aetivities aRd storage associated with ~limited manufacturing uses shall be
screened from view off site in accordance with the requirements of §4.5.8 and §4.10.
E. Vehicle storage and towing
1. Outdoor storage areas shall be screened in accordance with the requirements of §4.5.8.
2. A transitional yard TY~ in accordance with §4.5.5 shall be established along any side
of the property adjacent to a residential use.
3. Outdoor storage areas may be surfaced with gravel or other material approved by the
zoning administrator.
F. Waste service
1. A transitional yard TY~ in accordance with §4.5.5 shall be established along any side
of the property adjacent to a residential use.
2. All waste service uses shall be screened from view off-site in accordance with the
requirements of §4.5.8.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 3, §3.5.5, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§3.5.5. Accessory use standards
D. Accessory use standards
1. Accessory dwelling units
Accessory dwelling units, as is defined in §9.3.1, shall comply with the following st andards:
dwelling
don the
(b) aAccessory dwelling units shall be located within the structure of a single-family
unit; and any added external entrances for the accessory dwelling unit shall be locate
side or rear of the structure.
mia, BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virg·
that Chapter 11 O, Article 3, §3.5.6, of the Code of the City of Fairfax, Virginia, i s hereby
amended as follows:
§3.5.6. Temporary Use Standards
A. Purpose and intent
There are certain uses that may be permissible on a temporary basis subject to the co ntrols,
and limitations and regulations of §3.5.6. The following sections provide the procedures
criteria used by the zoning administrator in reviewing temporary use~ ~f)lieations.
8. Permitted temporary uses
Unless otherwise specified, Wno temporary use shall be established, except as provid
§3.5.6.C, unless a temporary use permit is approved pursuant to the provisions of §6.
addition to complying with the approval criteria of §6.15.4, the following uses shall c
ed for in
15. In
omply
with the applicable specific use requirements:
1. Pick-up and drop-off containers and facilities, subject to §3.5.6.1),&;
2. Construction offices, temporary, subject to §3.5.6.ef.;
3. Family health care structure, temporary, subject to §3.5.6.ro;
4. Retail sales e•+'ents, ol:ltEleor, teffif)Orary Sl:lejeet to §3.5.e.G;
§.1. Residential sales offices and model homes, temporary, subject to §3.5.6.H;
e2. Residences, temporary, subject to §3.5.6.1;
+§.. Special events, temporary, subject to §3.5.6.J;
8. Seasonal f)roEll:let sales, teffif)Orary, sl:lejeet to §3.5.e.K;
91-Storage pods, temporary, subject to §3.5.6.bK;
W~. Vehicle storage, temporary, subject to §3.5.6.M1;
H2. Other uses similar in nature to the ones listed above, with corresponding controls
limitations and regulations, in accordance with the general standards of §3.5.6.GD.
C. TemporID uses allowed without a 12ermit
1. Unless otherwise specified, 12ermits are not reguired for the following types of special
events provided that such uses are r~uired to meet all a12plicable general standards in
§3.5.6.D:
(a) Minor events
Minor events including, but not limited to privately-sponsored gatherings, walk-a-tho ns,
charity fundraisers, and similar events.
(1) Duration of less than 12 hours per event;
(2) Daylight hours only; No activity after dark or 9pm whichever comes first;
(3) No loud, disturbing and unnecessary noise as specified in City Code Chapter 3 8 . •
(4) No dancing and entertainment activities, as defined;
(5) Adeguate provisions must be made for on-site parking, available street parkin gor
other arrangements, and safe ingress and egress must be provided;
(6) Signs for minor events shall comply with §4.6.12.G; and
(7) No more than four events per year.
(b) Retail sales events and promotions. outdoor
Retail sales events and promotions, outdoor are allowed only in conjunction with an
established retail business and on the same lot as said business.
(]) Limited to normal hours of operation for the established retail business;
(2} Any display must be broul!ht indoors prior to close of business each day;
(3) No loud. disturbing and unnecessa!}'. noise as specified in City Code Chapter 3
(4) Signs for retail sales events and promotions shall comply with §4.6.12.B provi
8. ,
ded
such sign is only displayed during the event; and
(5) No more than three consecutive days, no more than four times 12er year.
Seasonal sales, temporm (c)
Seasonal sales1 such as Christmas tree, fireworks and pumpkin sales lots, may be allo wed in
nonresidential districts and on sites occupied by schools and/or religious institutions.
(I) No more than 45 consecutive days;
(2) Signs for seasonal sales. temporary shall comply with §4.6.12.F.
2. A permit for Special events, temporary shall be required for any event not meeting the
provisions of §3.5.6.C. l(a) or §3.5.6.C. l(b).
GD. General standards
l. No temporary use shall be permitted unless the applicant demonstrates compliance
with these standards to the satisfaction of the zoning administrator. The zoning administrator
may impose reasonable conditions on the use to ensure compliance with these standards or
other applicable provisions of law.
2. Temporary uses and temporary use permits may be approved for up to one year, unless
otherwise specified.
3. Adjacent uses shall be suitably protected from any adverse effects of the use,
including noise and glare.
4. The use shall not create hazardous conditions for vehicular or pedestrian traffic, or
result in traffic in excess of the capacity of streets serving the use.
5. Adequate refuse management, security, emergency services and similar necessary
facilities and services shall be available for the temporary use, and all sanitary facilities shall
be approved by the appropriate health agency.
6. The site shall be suitable for the proposed use, considering flood hazard, drainage,
soils and other conditions that may constitute a danger to life, health or safety.
7. The use shall not have a substantial adverse impact on the natural environment,
including trees, ground cover and vegetation.
8. The use shall be maintained in an orderly manner aae all eeRatiens skall ee eeRtained
witkin tke eentaiRer.
9£. Pick-up and drop-off containers and facilities
1. Applicability
Temporary use permits for pick-up and drop-off containers and facilities may be approved for
up to three years, and the permit may be renewed, in the following locations and
circumstances:
(a) In CL, CO, CR, CU, and CG districts on lots containing not less than 40,000 square
feet;
(b} In commercial areas of planned districts, when ancillary to the principal use, and only
when shown on an approved master development plan;
(c} In residential districts where the principal use of the development is not residential,
and only when such containers and facilities are shown on an approved site plan; and
(d) When such container and facilities is specifically identified on approved master
development plans.
2. Maximum size and number
A maximum of two donation drop-off boxes shall be permitted on any one lot and shall be
located within a contiguous area of not more than 120 square feet, with no individual drop-off
box exceeding the dimensions of seven feet in height, six feet in width or six feet in length.
3. Location
(a) Pick-up and drop-off containers and facilities shall be permitted in any yard except the
minimum required front or side (street) yard.
(b) Such containers and facilities shall not be located in any required recreation and open
space, transitional yard, required landscaped area, on any private street, sidewalk or trail, in
any required parking space, or in any location that blocks or interferes with vehicular and/or
pedestrian circulation. Donation drop-off boxes shall be located in accordance with all
applicable building and fire code regulations for the purpose of ensuring safe ingress and
egress, access to utility shut-off valves, and for fire protection. Such containers shall also be
subject to the visual clearance provisions of §4.3.4.
4. Design, management and maintenance
(a} Donation drop-off boxes shall be weather-proof, constructed of painted metal, plastic,
or other similarly noncombustible material, properly maintained in good repair and in a
manner that complies with all applicable building code and fire code regulations, and secured
from unauthorized access.
(b} All donated items shall be collected and stored in the donation drop-off box which
shall be emptied as needed or within 48 hours of a request by the property owner or
authorized agent.
(c} Items and materials including trash shall not be located outside or in proximity to a
donation drop-off box for more than 24 hours and shall be removed by the property owner,
operator of the donation drop-off box or their authorized agent.
5. Screening
Pick-up and drop-off containers and facilities shall be screened in accordance with the
requirements of §4.5.8.E.
6. Signage and information
Donation drop-off boxes shall display the following information in a permanent and legible
format that is clearly visible from the front of the container:
(a) Specific items and materials requested;
(b) Name of the operator or owner of the container;
(c) Entity responsible for the maintenance of the container and the removal of donated
items, including any abandoned materials and trash located outside the donation drop-off box;
( d) Phone number where the owner, operator or agent of the owner or operator may be
reached at any time; and
(e) Notice stating that no items or materials shall be left outside of the donation drop-off
box and the statement, "Not for refuse disposal. Liquids are prohibited."
Ef. Construction offices, temporary
An industrialized building may be used as a temporary office, security shelter, or shelter for
materials or tools necessary for construction on or development of the premises upon which
the temporary construction office is located. Such use shall be strictly limited to the time
construction or development is actively underway.
F-G. Family health care structure, temporary
A temporary family health care structure shall be allowed in accordance with the requirements
of Code of Virginia, § 15.2-2292.1.
•G. Retail sales eveats, al:ltEloor
OHtEl00r retail sales e,,eats may ee permitteEI aaly ia GOAjl:IAetiaa with aa estaeliskeEI 1:msiaess
aaEI an tke sarne let as saiEI el:lsiness.
H. Residential sales offices and model homes, temporary
1. Temporary residential sales offices and model homes may be located within a
residential district as part of an ongoing residential development. Such offices and homes
shall be removed or converted to a use permitted within the district when use as a sales office
or model home has ceased.
2. Model homes for new subdivisions shall only be occupied for residential habitation
after all business activities have ceased. Upon sale the home shall comply with applicable
residential parking standards.
I. Residence, temporary
No recreational vehicle, trailer, tent, garage, barn or other similar vehicle or building erected
on any lot shall be used as a residence for more than 10 days within a six month period,
provided that the City Council may approve longer time frames in cases of significant
calamity or natural disaster.
J. Special events, temporary
Temporary events, including but not limited to car shows, carnivals, circuses, dog shows,
festivals, fairs, fireworks shows, horse shows, tent revivals and similar events, regardless of
whether or not admission is charged, may be permitted subject to the following.standards:
1. Temporary use permit for such activities shall be issued for not more than 10 days, in
any six-month period.
2. No such activity shall be located closer than 300 feet to a residential use, without the
approval of city council. This provision shall not apply to public, civic and institutional use-
sponsored events, and indoor events.
3. Adequate provisions must be made for parking, and safe ingress and egress must be
provided.
4. Night operations shall be permitted only if there is a lighting plan that provides for
safe lighting without excessive glare into streets or residential areas.
5. Signs for temporary special events shall comply with §4.6.12.G.
K. Seasaaal sales, temparary
Seasanal sales, s\:lsh. as Christmas tree, fireworlcs anEI pl:lmpkin sales lets, may ee allaweEI ia
nonresidential Elistrists and on the sites aGsl:lpieEI 1:,y sehaals anEl/.or religieus iastitl:ltions fer up
ta 30 sonsesHtive days.
bK. Storage pods, temporary
Storage pods, crates and similar storage units may be allowed subject to compliance with the
following requirements.
1. Storage pods for off-site storage of household or other goods located in a yard are
permitted for:
(a) A maximum of 30 days within a six-month period on a single-family lot; seven
consecutive days within a six-month period on other residential sites; and
(b) On active construction sites, provided they are removed within 30 days of completion
of construction.
2. Storage pods used for the purpose of storing excess inventory to be sold in connection
with an established retail business on the same lot.
3. The proposed storage pod location shall not impede pedestrian traffic, or be located
within required landscaped areas.
4. Stacking of storage pods is prohibited.
MJ:. Vehicle storage, temporary
Temporary vehicle storage may be allowed in nonresidential districts, subject to special use
review pursuant to §6.7.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 3, §3. 7 .2, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§3.7.2. Historic overlay district
8. Old Town Fairfax Historic Overlay District
1. Applicability
Development in the Old Town Fairfax Historic Overlay District shall comply with the
requirements of this §3.7.2.B.,.: except for single-family detached dwellings existing prior to
the effective date of this chapter, additions to which shall be exempt from the required build-
to line and front and side (street) yard maximum of 3.7.2.B.4(d)(l) and 3.7.2.B.4(d)(2).
respectively.
4. Dimensional standards
(d) Required yards (setbacks)
(2) Front and side (street) yard, maximum
Freat yam aaa siae (stfeet) yani skall Rat eKeeea ten feet faf mafe tkan 5Q f)en;ent eftke
I ineaf f.i:antage of the 0ailaing, eKeef)t that afeas eentigaoas with t-he sm1etl:lfe aaa asea faf
aataaaf sining ana sen·iee, f)Y9lie f)la-2as, ga,ze0as, laneseai;,ee afeas Of 60\:lrtyar-as skall 98
eKempt f.i:am tkis feqaifement. This yafe afea skall net 0e asea faf f)ariciRg.
(i) 10 feet
(ii) Areas contiguous with the structure and used for outdoor dining and service, public
plazas, gazebos, landscaped areas, recreation and open space. or courtyards shall be exempt
from the maximum yard requirement.
( iii) The yard area shall not be used for parking, except bicycle parking.
e.
I.
(a)
( b)
Joka C. Waaa Haase Historie 0·1eflay Distriet
PfahibiteEI ases
~leetrie tf8nSfafffi8fS ana Sl:19Statiens
TelepkaRe f8fJeatef statiaRs
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
t hat Chapter 11 O, Article 3, §3. 7.3, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§3.7.3. Old Town Fairfax Transition Overlay District
C. Dimensional standards
3. Required yards (setbacks)
( b) Front and side (street) yard, maximum
FfaRt yar-a aA:e street (siae) YafS shall not eKeeea ten feet faf mefe than 50 f)efeent afthe
inear f.i:entage af tke eailaing, eKsept tkat afeas eoRtigaaas witk tke strasrufe aA:e :useEI faf
aataoef aiRing ane serviee, fesfeatiaR ana apea spaee afeas shall be eKempt f.i:am this
eqaii:ement. This yafa afea skall not ee \:lsee faf f)afking.
I
f
( 1) 10 feet
(2) Areas contiguous with the structure and used for outdoor dining and service, public
plazas, gazebos, landscaped areas, recreation and open space, courtyards, pedestrian plazas
and accessways, including sidewalks, or to accommodate the minimum landscape strip for
required street trees shall be exempt from the maximum yard requirement.
(3) The yard shall not be used for parking, except bicycle parking.
D. Sidewalk
Where there is not a 10-foot sidewalk aEljaeeRt toalong the front and side (street) property line
of a proposed building site, a l 0-foot sidewalk or portion thereof as needed to total IO feet
shall be provided OR site.
E. Street trees
The minimum landscape strip requirement for street trees in §4.5.6.B shall not apply in the
Old Town Fairfax Transition Overlay District.
ef. Off-street parking
ro. Signs
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 11 O, Article 3, §3. 7 .4, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§3 .7.4. Architectural control overlay district
D. Design guidelines and standards
l . All development regulated by the Architectural Control Overlay District shall be in
accordance with the comprehensive plan, the eomRUIRity afJfJ@araRee fJlanthe City of Fairfax
Design Guidelines and any other adopted design guidelines.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 3, §3.8.7, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§3 .8.7. Recreation and Open Space
B . Configuration and use
4. At least 60 percent of the required recreation and open space shall be contiguous.
For the purposes of §3.8 . 7, the term contiguous shall include any recreation and
open space bisected by a local street, provided that:
(h) At least 20 percent of the recreation and open space shall be improved in accordance
with the options set forth below. The shape, topography and subsoil shall be appropriate to the
improvements proposed.
MINI-PARK (PRIVATE ONLY)
Mini-Parks provide active recreational facilities for the-use by the residents of the immediate
neighborhood within the development.
Size is from 2,500 sq. ft . to one acre. May include: tennis courts, basketball courts,
playgrounds and seating accommodations. Each mini-park shall be centrally located and
easily accessible so that it can be conveniently and safely reached and used by those persons
in the surrounding neighborhood it is designed to serve. Rear facing lots are aJlowed . Mini-
parks shall be attractively landscaped and be provided with sufficient natural or man-made
screening or transitional yard areas to minimize any negative impacts upon adjacent
residences .
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 11 O, Article 4, §4.2.3, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§4.2.3. Parking requirements
E. Parking ratio requirements
Off-street parking spaces shall be provided for all uses listed below in at least the minimum
amounts specified.
USE TYPES/ USE GROUPS' GENERAL REOUIREMENTS
Furniture. w appliance or carpet/flooling 1 space per 400 sq. ft. of floor area
stores
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 4, §4.5.5, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§4.5.5. Transitional yards
C. Transitional yard types
There are three types of required transitional yards that may occur on any given parcel (for the
specific width and plant material for each transitional yard classification see §4.5.5.D).
1. District boundary transitional yards
The following table shall be used to determine the required transitional yard classification
between adjacent districts.
PROPOSED
DEVELOPMENT
DISTRICT 'f'
RH
RT-6
RT I ~: I ~ I ~: I = I = I = I = I -I -I = I I = I ----
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 11 O, Article 4, §4.5.9, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§4.5.9. Landscape materials and design
8. Plant types
There are three plant types referred to in this section, and all shall require the use oflocally-
adapted plants. They include canopy trees, understory trees and shrubs, defined as follows:
1. Canopy trees
Large deciduous shade trees with a mature height of 30 feet or greater and a mature spread of
30 feet or greater, with a mamre height of20 feet or greater.
Council of the City of Fairfax, Virginia, that Chapter 110, Article 4, §4.6.4, of the Code
of the City of Fairfax, Virginia, is hereby amended as follows:
§4.6.4. Prohibited signs
8. Prohibited sign types
The following sign types are specifically prohibited.
1. Moving signs and devices intended to attract attention
Moving signs or devices intended to attract attention, all or any part of which is intended to
move, including but not limited to pennants, balloons, propellers, discs, flutter and feather
flags, inflatables, wavy man advertising, and handhelds, and stiek in the ground signs;
provided, traditional barber pole signs may include the traditional spinning, red/white, internal
element.
3. Pole (or pylon) and stick in the ground signs
A sign erected on a vertical framework of one or more uprights, supported by the ground;
pFaviEled, athenvise allaweEI temparaf)' sig0s ma-y be pale sig0s, except as permitted by
_§4.6.12.
1--
_J
fflCIC INTHE
GROUND SIGH
4. Portable signs
Any sign not permanently attached to the ground or other permanent structure or a sign
designed to be transported, including, but not limited to, signs designed to be transported by
means of wheels; anEI sig0s attaekeEI ta er paintee an veJ:iieles par:keEI BAEI visible from tke
pYblie right af way, Ynless saia 11eJ:iiele is Ysed in tke n0Fmal Elay ta Elay 0perati0ns af tke
business, except for sandwich board signs as permitted by §4.6.11.
6. Signs on vehicles eFand trailers
Signs attached to, painted on, or displayed on vehicles eFand trailers conspicuously parked in
places visible from public rights-of-way anEI useEI primarily fer tke f)lifJ:l0Se af aElvertisieg.
This prohibition does not apply to sig0s painteEI 0F ElisJ:llayeEI en commercial vehicles~
aFe ieeieental toparked at the business establishment for which the primary use of the vehicle
as-ais delivery, service, or passenger transportatiae vekiele.
C
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 4, §4.6.5, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§4.6.5. General sign regulations
A. Computation of sign area
1. Individual signs
The area of a sign face (which is also the sign area of a wall sign or other sign with only one
face) shall be computed by means of the smallest, horizontal rectangle, as shown al
fi.g)Nbelow, that will encompass the extreme limits of the writing, representation, emblem or
other display, together with any material or color forming an integral part of the background
of the display or used to differentiate the sign from the backdrop or structure against which it
is placed, but not including any supporting framework, base, bracing or fence or wall when
such fence or wall otherwise meets the regulations of this chapter and is clearly incidental to
the display itself. Unless the zoning administrator determines that it is not a single sign, all
pieces of information or other graphic representations on that wall shall be measured as
though part of one sign, encompassed within one such rectangle, which may not exceed the
maximum permitted sign area.
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WIDTH L L
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3. Other signs
The area of any other sign is measured by finding the area of the minimum imaginary or
actual rectangle or square that fully encloses all extremities of one side of the sign, exclusive
of its supports.
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·Bun.DING
-·IIDDD Height t
~
Width
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 11 O, Article 4, §4.6.6, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§4.6.6. Maximum aggregate sign area (building-mounted signs)
A. Maximum allowable aggregate sign area for building-mounted signs (awning or
canopy sign~, hanging signs; projecting signs; and wall signs) or a combination of
building-mounted signs per building facade shall be 2.0 square feet per linear foot of
building frontage; provided all allowable building-mounted signage related to or
attributed to any given facade shall be used only on said facade. See also § 1.5.1 O.A.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 4, §4.6.8, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§4.6.8. Signs allowed by district
Signs types shall be allowed as specified in the table below.
C. General use districts
Signs in general use districts shall be allowed by district in accordance with the table below.
KEY:
A = signs or other devices allowed without a sign permit
P = signs permitted only after issuance of a sign permit (See §6.9 for more information)
blank box = sign type prohibited in the respective district
I RESIDENTIAL DISTRICTS I NONRESIDENTIAL DISTRICTS
SIGN TYPES I RL I RM I RH I R;-RT RMF CL I co CR cu I CG I 1L I 1H STANDARDS
Seasonal product sales I 6 I 6 I 6 I 6 I 6 I 6 I h I 6'F-I 6f2 I tP I 6'F-) 6'F-I 612 I §4.6 .1 2.F
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 4, §4.6.11, of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§4.6.11. Special signs
F. Hardship signs
5. Location
(a) Hardship signs may be attached to an accessory building or structure, other
than a pylon.
I. Window signs
BUILDING
25%
coverage IDDD
BUILDING
25%
coverage 1-WINDOWsiGN -1
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 4, §4.6.12, of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§4.6.12. Temporary signs
B. Announcement or promotional signs
4. Location
Such signs shall be located where permanent building-mounted or window signs may be
located or on the subject land at least 10 feet from all property lines where no building exists.
F. Seasonal product sales signs
1. Description
On-premises signs displayed in conjunction with a seasonal stand or vendor location for
seasonal sales, of produce, fireworks, Christmas trees and similar products.
2. Area
Not to exceed ~32 square feet.
3. Nt:1meer
A maximt:1m af aRe sig:H shall ee alla·.ved f'8F use.
4J. Location
Located must not impede pedestrian flow.
~. Height
Not to exceed five feet in height.
e~. Duration
Such signs shall have the same duration as the associated temporary use f'ermit isst:1e€:I far the
staoo.
G. Special event signs
1. Description
On-premises signs advertising special events sponsored or co-sponsored by the city,
community group or any other nonprofit organization. or other entities allowed to conduct
events under §3.5.6.C. l(a) and §3.5.6.J, including banners.
2. Area
Not to exceed 32 square feet.
3. Location
Such signs shall be located where permanent building-mounted or window signs may be
located or on the subject land at least IO feet from all property lines where no building exists.
4. Duration
Permitted for a maximum of 30 days per event, and up to 90 days per year.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 11 O, Article 4, §4.8.2, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§4.8.2. Prohibited lighting
A. The following are expressly prohibited:
1. Lasers;
2. Low-pressure sodium and mercury vapor light sources;
3. Searchlights and other high-intensity narrow-beam fixtures;-ane
4. Light sources that exceed 200,000 lumens or intensity in any direction of 2,000,000
candelas or more-:; and
5. Strobe lights and blinking lights, excluding temporary holiday lighting as provided for in
§4.8.3.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 4, §4.8.3, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§4.8.3. Exempt lighting
The following luminaires and lighting systems are exempt from the regulations of this article:
H. Luminaires with less than 1,000 or less initial lumen output.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 11 O, Article 4, §4.10.2, of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§4.10.2. Outdoor display
A. Outdoor display is the display of products actively available for sale. Outdoor displays
are normally hFetigkt inEloeFS ovemigktonly permitted in conjunction with an
established business on the same lot and must be brought indoors when the associated
business is closed.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 4, §4.15.11, of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§4.15.11. Subdivision standards
A. All subdivisions shall minimize flood damage;
B. All subdivisions proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
C. All subdivisions shall have adequate drainage provided to reduce exposure to flood
hazards;; and
D. Base flood elevation data shall be obtained from other sources or developed using
detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a
Flood Insurance Study for subdivision proposals and other proposed development proposals
(including subdivisions) that exceed 50 lots or five acres, whichever is the lesser.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 4, §4.15.13, of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§4.15.13. Special exceptions
A. The board of zoning appeals may, by special exception, permit within the floodplain
additional uses where such uses are not permitted uses specified in §4.15.el , provided that:
1. Such additional use is permitted in the underlying zoning district;
2. Special exceptions shall be granted only in accordance with the procedures and
limitations established for special use permits in §6.7; and
3. The special exception granted represents the minimum variation necessary to afford
relief.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 11 O, Article 6, §6.S. 7, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§6.5.7. Approval criteria
A. General
1. Certificate of appropriateness applications shall be reviewed for consistency with the
applicable provisions of this chapter, the City of Fairfax Design Guidelines. and any other
adopted design guidelines, aRa the eemHn:1eity appeaFaRee plae.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 6, §6.9.1, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§6.9.1. Applicability
B. No monument, building-mounted, special or temporary (as applicable) sign shall be
erected or replaced, or changed or altered, including replacing any part of the support
structure of a sign and change/ alteration to the background of a sign or sign box, until the
zoning administrator has approved a permit. provided that signs permitted in conjunction with
.§3 .5.6.C shall be allowed without a permit.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 6, §6.15.1, of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§6.15.1. Applicability
A . Temporary use permits shall be reviewed in accordance with the provisions of §6.15 .
B . Temporary uses, including those operating for fewer than 30 days within a one-year time
period, shall obtain a temporary use permit from the zoning administrator that outlines
conditions of operations so as to protect the public, health, safety and welfare subject to the
standards of §3.5.6, Temporary Use Standards.
C. This shall not be interpreted as to require a temporary use permit where the event,
promotion, or sale otherwise conforms to the requirements of §3.5.6.C.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 11 O, Article 6, §6.16.1, of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§6.16.1. Applicability
A . Administrative adjustments shall be reviewed in accordance with the provisions of
§6.16.
B. Unless otherwise specified, the zoning administrator may authorize adjustment of the
numerical standards of this chapter by up to 20 percent of the applicable standard; provided,
the provisions of §6.16 shall not apply to density, floodplain regulations, stormwater drainage
facilities, erosion and sediment control, Chesapeake Bay preservation standards, or
construction standards.
C. An administrative adjustment shall not be applied in addition to or in lieu of the
nonconforming provisions of Article 7 of this chapter.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 6, §6.22.1, of the Code of the City of Fairfax, Virginia, is
hereby amended as follows:
§6.22.1. Applicability
A. Appeals ta the eity seuRGilA notice of appeal shall be submitted within 30 days of the
final decision. which is subject of the appeal. and reviewed in accordance with the provisions
of §6.22.
B. A netise ef appeal te the sity oo~msil may enly he s\:lhmittea en er hefere 14 days after
a final aesisiaR af tke l:laara af arskitestl:lral reYiev, 00 a eertifisate af appraf)fiateeess (§e.5).
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 6, §6.23, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§6.23. Appeals to court
An appeal from any action, decision, ruling, judgment or order of the city council or board of
zoning appeals made under this chapter may be taken by any person or persons, jointly or
severally aggrieved, or any taxpayer or any officer, department, board or bureau of the city to
the circuit court in accordance with applicable law.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 8, §8.3. 7, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§8.3.7. Criminal penalties
A. Any violation of the following provisions, or any provision of proffers accepted
pursuant thereto shall be deemed a misdemeanor and, upon conviction, shall be fined not less
than $IO ear more than $1,000 for each offense:
l. §3.7.2, Historic overlay districts;
2 . §4.6, Signs, only as applied to signs placed in the right of way or on public property;
3. §4.15, Floodplains;
4. §4.16, Storm drainage facilities;
5. §4.18, Chesapeake Bay preservation; and
6. §6.8, Site plan review.
B . Failure to remove or abate a zoning violation within the time period established by the
court shall constitute a separate misdemeanor offense punishable by a fine of not less than $10
eer-more than $1,000; and
C . Failure to remove or abate a zoning violation during a succeeding 10-day period shall
constitute a separate misdemeanor offense punishable by a fine of not more than $1,500; and
GD. Continued failure during eaehany succeeding I 0-day period shall constitute a separate
misdemeanor offense for each I 0-day period punishable by a fine of not less tkim $100 Rer
more than $~2,000.
9g. The remedy provided for in this §8 .3 shall be in addition to any other remedies provided
by law; however, the designation of a particular violation of this chapter as a civil penalty
shall preclude criminal prosecution or sanctions, except for any infraction also resulting in
injury or death to any person or persons.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia,
that Chapter 110, Article 9, §9.3.1, of the Code of the City of Fairfax, Virginia, is hereby
amended as follows:
§9 .3. I. General terms
FURNITURE.1 ~APPLIANCE OR CARPET/FLOORING STORE: An establishment
engaged in the retail sale of furniture (including mattresses), aR&-appliances, or
carpeting/floor coverings.
RECREATION AND OPEN SPACE: All spaee within the b01iRElafies af a fJFejeet that has
l:leeR set asiee fer 11se hy the awners aREl resiaeets ef the prejeet aHEI eot Eleaieatec:1 as p11blis
laeds. (See als0See §3 .8. 7.
This ordinance shall become effective upon adoption.
PUBLIC HEARING: January 22, 2019
ADOPTED: January 22, 2019
Mayor
' 'oate
ATIEST:
~ City Clerk
Votes
Councilmember DeMarco Aye
Councilmember Lim Aye
Councilmember Miller Aye
Councilmember Passey Aye
Councilmember Stehle Aye
Councilmember Yi Aye