20011113 2001-19ORDINANCE NO.2001- 19
AN ORDINANCE AMENDING SECTIONS 110-101(c) AND (d), ARTICLE II,
DIVISION 4 AND SECTION 110-127(c ), ARTICLE II, DIVISION 5,
CHAPTER 110 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA.
WHEREAS, the City Code regulations regarding site plan requirements do not
adequately reflect the goals and objectives of the Comprehensive Plan; and
WHEREAS, both the information required by the City Code to be provided on site
plans and the site improvements required by the City Code for minor site improvements
inhibit revitalization of existing buildings and sites in the City of Fairfax.
BE IT ORDAINED, by the City Council of the City of Fairfax, that sections 110-
101(c) and (d), Article II, Division 4, Chapter 110 of the Code of the City of Fairfax, Virginia
is hereby replaced in its entirety as follows:
Sec. 110-101. Development of land use requiring a site plan.
(c) A minor site plan may be submitted for any of the following:
(1) New or expanded paved areas and associated curb and gutter to support
parking, loading, trash or recycling enclosures, or similar facilities,
provided that the area of the expansion is less than 25% or 2,500 square
feet (whichever is less) of the existing paved area;
(2) Modification of screening or landscaping materials or design;
(3) Minor expansion of a building or buildings, not to exceed the lesser of
twenty-five percent (25%) of the floor area or five thousand (5,000) square
feet beyond that which is shown on the original approved site plan or
beyond that which is shown on a subsequent site plan for an expansion that
was approved without utilizing these minor expansion provisions; or
(4) Minor expansion of a building or buildings, not to exceed the lesser of
twenty-five percent (25%) or five thousand (5,000) square feet beyond that
which was constructed prior to the original adoption of a requirement for
site plan approval on December 2, 1969. It shall be the responsibility of
the applicant to provide the information necessary to prove to the
satisfaction of the zoning administrator that the building existed in the
current configuration prior to December 2, 1969.
(5) Items listed under plan of development (subsection (d) below) may also be
included in a minor site plan submission.
(d) A plan of development may be submitted for any of the following:
(1) Restriping of an existing parking lot, including loading areas;
(2) Construction of trash enclosures and recycling enclosures, to include
installation of concrete pads over existing pavement as necessary;
(3) Change in use of a multiple use property;
(4) Addition or modification of site lighting facilities;
(5) Installation of wheel stops and limited landscape islands and curb and
gutter, subject to review and approval by the Director of Public Works;
(6) Temporary uses or structures listed in Article III of this chapter as
permitted temporary uses in the district applicable, with the additional
requirement that such temporary uses or structures will be removed within
one year of initial placement; or
(7) Other changes to approved site plans or to projects that existed prior to
December 2, 1969 that, in the opinion of the zoning administrator, are
similar to and carry no more impact than one or more of items 1 through 6
of this subsection.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, that
Section 110-127(c), Article II, Division 5, Chapter 110 of the Code of the City of Fairfax,
Virginia, is hereby replaced in its entirety as follows:
Sec. 110-127. Qualifications of nonconforming uses.
(c) Notwithstanding the definitions of "nonconforming building or use,"
"nonconforming lot" and "nonconforming location" in section 110-4 and the
restrictions of section 110-127(a), the zoning administrator may approve the
continuation, alteration, and/or enlargement of any legally existing commercial,
industrial, institutional, or government building by an amount not to exceed the
lesser of twenty-five percent (25%) or five thousand (5,000) square feet, provided
that the building, location, lot and use shall comply with all of the regulations of
the zoning ordinance except for preexisting deficiencies and further provided that
such enlargement shall not increase the extent of nonconformity. The zoning
administrator may approve such continuation, alteration, and/or enlargement only
after considering:
(1) Consistency with the comprehensive plan and other adopted city goals and
policies;
(2) The size and shape of the lot on which the use is proposed; j
(3) Vehicular and pedestrian traffic;
(4) Trip generation characteristics of the proposed use;
(5) Site design;
(6) Lighting, noise, traffic, sight, smoke, dust, odor, vibration and other
factors which may affect the serenity of the neighborhood;
(7) The safety and movement of vehicular traffic upon adjacent streets;
(8) The safety and welfare of residents living in the area;
(9) The location, height and design of buildings, walls, fences and
landscaping proposed;
(10) Overland impact on the proposed use upon the development and use of
adjacent land;
(11) Safety and welfare of persons working in the neighborhood;
(12) Harmony of the proposal with the general purpose and intent of the
applicable article of the zoning ordinance; and
(13) The purposes of zoning ordinances set forth in section 15.2-2283 of
the Code of Virginia.
The ordinance shall become effective as provided by law.
Planning Commission hearing: November 12, 2001
City Council hearing: November 13, 2001
Adopted: November 13, 2001
Mayor
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Date
ATTEST:
The vote on the motion to adopt the ordinance was recorded as follows:
Vote
Councilman Coughlan
A
Councilman Greenfield
Aye
Councilman Lederer
Aye
Councilman Petersen
Aye
Councilman Rasmussen
Aye
Councilman Silverthorne
A