City of Fairfax, Virginia City Council Work Session Meeting

Transcription

1 City of Fairfax, Virginia City Council Work Session Meeting Agenda Item # WS 3 City Council Meeting 7/5/2016 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Robert Sisson, City Manager Discussion on the Draft City of Fairfax Zoning and Subdivision Ordinances ISSUE(S): SUMMARY: FISCAL IMPACT: RECOMMENDATION: ALTERNATIVE COURSE OF ACTION: RESPONSIBLE STAFF/ POC: COORDINATION: ATTACHMENTS: Review and discuss the draft City of Fairfax Zoning and Subdivision Ordinances and recommended amendments. Updated (public hearing) drafts of the Zoning and Subdivisions Ordinances were published on May 2, 2016 following a series of work sessions held from September 2015 through February 2016 to review previous drafts and to receive input from the City Council, Planning Commission, and other boards and commissions. On May 10, 2016, the City Council introduced/initiated the required ordinances and resolutions to allow formal consideration of the drafts to begin. The introductions/initiations did not signify approval of the drafts. The drafts were referred to the Planning Commission and the commission held public hearings on the ordinances on May 23, 2016 and June 13, The Planning Commission recommended approval of the drafts with amendments. City Council public hearings on the ordinances have been scheduled for July 12, None. Receive a presentation on and discuss the public hearing drafts and the recommended amendments to the Zoning and Subdivisions Ordinances. N/A Community Development & Planning City Attorney; Code Administration; Economic Development; Human Services; Public Works Staff Memo and Attachments

2 MEMORANDUM To: Honorable Mayor and Members of the City Council Through: Robert Sisson, City Manager From: Subject: Brooke Hardin, Director of Community Development & Planning Discussion on the Draft City of Fairfax Zoning and Subdivision Ordinances Meeting Date: July 5, 2016 A rewrite of the City of Fairfax Zoning and Subdivision Ordinances commenced in December 2013 with the intention of creating clear and user-friendly land development regulations. Draft ordinances were prepared through the rewrite process while input was gathered from citizens, business community representatives, development industry professionals, members of City boards and commissions, City Council and Planning Commission members, and City staff through listening sessions, community meetings, advisory committee meetings, work sessions, and the project web page. On May 10, 2016, the City Council introduced / initiated the required ordinances and resolutions to allow formal consideration of the drafts to begin. The introductions / initiations did not signify approval of the drafts. The drafts were referred to the Planning Commission for consideration. The Planning Commission held public hearings on May 23, 2016 and June 13, A total of 30 speakers provided testimony over the course of the two hearings. Members of the Planning Commission also provided comments and discussed the drafts. A general summary of the items cited in the comments and discussion is listed below: Concern about the specific prohibition on the sale or repair of firearms as a home occupation Support and opposition for the keeping of chickens in residential zoning districts Concern about the setback provisions related to corner lots Opposition to the elimination of the RT-6 Residential Townhouse district and the proposed rezoning of the Fairfax Oaks neighborhood Concern about increased height and density Concern about reductions in side yard setbacks Questions about the content of the draft ordinances Concern about the special use permit provisions for medical care facilities Suggestions for clarifying what would be considered an inactive file Concern regarding the provisions for nonconforming structures Support and opposition for sidewalk provisions in the ordinances Concern about changes to the home occupation provisions limiting opportunities for small businesses Requests to provide additional definitions in the Zoning Ordinance

3 Concern about limitations on monument signs for lots with smaller widths Recommendations on exceptions and waivers as applied to planned districts and the Old Town Historic Overlay District Concern about the 15 foot height maximum in the reduced setback area in the RM and RH districts for properties with unique or challenging topography that may not be able to meet the 15 foot maximum Recommendation to allow exception for chimneys that may exceed height maximum Concern about existing accessory dwelling units that exist in accessory structures separate from the primary dwelling unit Opposition to the lack of inclusion of provisions for affordable housing Suggestion that the drafts be taken to the community through referendum Suggestion to require additional off street parking in single family districts Support for greater promotion of sustainability in ordinance Suggestion for more graphics Concern about impacts on infrastructure and traffic Concern about provisions changing the character of the city Following the Planning Commission public hearings, staff has continued to receive input and comments from members of the community. These comments included: Support and opposition for provisions related to the keeping of chickens in residential districts Opposition to the elimination of the special use permit requirement for home child care for 6 or more children Support for setback reductions in the RM district Request for provision/definition that recognizes all yards adjacent to streets as front yards as it pertains to fences in residential districts Opposition to new Commercial Urban zoning district, reductions in sideyard setbacks in residential districts, height increases, changes to parking requirements, increases in sign area and height, and changes to the requirements for permitted versus special uses Revisions and amendments to the draft ordinances are documented in the attachments to this memo. The revisions from the previous complete drafts of the Zoning and Subdivision Ordinances (dated ) and the current drafts of the ordinances (dated ) are listed in Attachments A and D, respectively. Amendments recommended by the Planning Commission to the current drafts of the ordinances are listed in Attachments B and E. Additional amendments to the current draft Zoning Ordinance recommended by staff for City Council consideration are listed in Attachment C. Attachment A: Summary of Revisions in the Draft City of Fairfax Zoning Ordinance Attachment B: Amendments to the Draft City of Fairfax Zoning Ordinance Attachment C: Recommended Additional Amendments to the Draft City of Fairfax Zoning Ordinance Attachment D: Summary of Revisions in the Draft City of Fairfax Subdivision Ordinance Attachment E: Amendments to the Draft City of Fairfax Subdivision Ordinance

4 ATTACHMENT A Summary of Revisions in the Draft City of Fairfax Zoning Ordinance Following the publication of the draft Zoning Ordinance, work sessions with the Planning Commission, City Council, and other boards and commissions were held in September 2015 through February 2016 and a community meeting was held in October 2015 to review significant items and receive feedback. In addition, staff continued its review and editing of the document. Listed below is a summary of the various comments followed by the revision (shown in italics) made to the draft that is now included in the draft. Article 1. Introductory Provisions 1.1 Commentary (page 1-1): Commentaries that are included in the document do not have regulatory effect. Would prefer that they be removed, changed into regulations, or turned into interpretations if necessary to retain. Commentaries were removed from throughout the draft ordinance, except for where they have been otherwise integrated into the regulations, such as in E.2.C (page 1-8), C.1 (page 3-14), D.1.C (page 3-15), E.1 (page 3-60), B (page 4-11), B (page 6-44) and B (page 6-47) C Conflict with private agreements and covenants (page 1-3): The language seems to give a choice of private covenants or city regulations, clarify that city requirements must be met. The draft ordinance was revised to include the language: City regulations must be complied with, regardless of any easement, covenant, deed restriction or other agreement between private parties General (page 1-3): Would like to see the provision that does not prevent purchase or condemnation expanded from public utilities and rights-of-way to other types of public purposes, such as streams, public facilities, etc. The draft ordinance was revised as follows: This prohibition, however, does not prevent the purchase or condemnation of land for public utilities and facilities, or right-of-way, stream protection, and other public purposes A.1 Measurement (page 1-7): Clarify how the average finished grade is calculated. Is it taken around the perimeter of the site? Some sites have multiple building exposures on different street frontages that abut directly to the property line and/or sidewalk. Reference to the definition of average finished grade in Article 9, Definitions, was included B Stories (page 1-7): Recommend including a definition of a 1/2 story. Some subdivisions have covenants for 2 ½ story maximum. Even though the City doesn t enforce covenants, it would be helpful to have a clear definition upon which neighborhoods could rely. A definition of a half story was included in Article 9, Definitions, on page F Permitted encroachments (page 1-11 to 1-12): If the interior side yard setback of 5 feet as proposed is adjusted, broader encroachment provisions should be included, particularly as applicable to interior lots in the 1

5 ATTACHMENT A R-3 (RH) zone. Older subdivisions have chimneys and stoops that extend closer than 12 feet and have done so since being built and expansions for safety or convenience may be prohibited. The permitted encroachments table was modified as follows: Basement egress windows were added as a permitted encroachment in all yards. Driveways may encroach into required yards, provided that to the extent practicable, they extend across rather than along the required yard(s) were added as a permitted encroachment in side (street), side (interior), and rear yards (previously included in front yard). Mechanical equipment for residential uses, such as HVAC units, provided it remains at least 2 feet from the property line and as long as the equipment is in compliance with the noise requirements of Patio, terrace, or deck, unroofed and completely unenclosed, with its floor no higher than that of the ground floor entry of the principal dwelling other than multifamily may extend into any required side or rear yard, but not nearer than 5 feet to any side or rear lot line was added as a permitted encroachment in side (interior) yards F Permitted encroachments (page 1-12): Front yard encroachment allowed for wheelchair ramps should also apply to side yards, as these ramps may access a doorway on the side of the house. Wheelchair ramps accessory to residential uses other than multifamily to facilitate wheelchair access for the disabled, may extend a distance as needed into any required yard were added as a permitted encroachment in side (street), side (interior), and rear yards (previously included in front yard) Completion of development (page 1-15): Clarify the manner in which an application submitted under the current ordinance would be acted upon after it has been repealed and the new ordinance has been adopted. Provide an alternative for applicants that would prefer to have their application considered under the new ordinance. The draft ordinance was revised to include the following language: Development review applications that were submitted in complete form and are pending approval on the effective date of this chapter [??EFFECTIVE DATE??] shall be reviewed wholly under the terms of the zoning ordinance in effect immediately before the effective date specified in 1.2. Building permits for construction and development approved under such zoning approvals may be issued, subject to the terms of such approval. A proposed development with an application that is complete and pending approval and has not been scheduled for public hearing on the effective date of this chapter may be reviewed under the terms of this chapter provided the applicant withdraws the pending application and submits a new application in accordance with the provisions of this chapter District conversion (page 1-15): Recommend not eliminating the existing RT-6 district by consolidating it into the RT district. The RT-6 district is proposed to be consolidated into the RT district. A separate ordinance has been initiated to rezone RT-6 property to RT. 2

6 ATTACHMENT A District Conversion (page 1-15): Revise the names of the Planned Districts to the same order as the acronym (for example, PD-R would be Planned Development Residential, instead of Residential Planned Development). The draft ordinance was revised to have the names of the Planned Districts match the acronyms. Article 2. Zoning Map D General (page 2-1): Consider including a provision for when a stream may meander in the future as it pertains to zoning district boundaries along the centerline of streams. The draft ordinance was revised as follows: Boundaries indicated as approximately following the centerlines of streams, rivers, lakes or other bodies of water shall be construed to follow such centerlines. In the event that a stream centerline changes or is changed in the future, the boundaries shall remain as indicated on the zoning map. Article 3. Zoning Districts and Regulations 3.2 Districts Established / Purpose Statements (page 3-1): Add affordable housing requirements and goals for the City. No revisions have been made at this time to the draft ordinance in reference to this item. Provisions for bonus density for affordable housing units may be added to the ordinance in the future when a supporting program has been developed A Residential districts (page 3-1): Rename residential districts to reflect the number of lots permitted (density). No revisions have been made at this time to the draft ordinance in reference to this item B Principal uses (page 3-5): A number of uses require special use permits even though they have specific use standards. Consider reducing the number of uses that require special use permits. Concern about women s health centers and the medical care facilities use type. Suggest clarification of use type and elimination of SUP where medical offices are permitted by right. The use types in draft ordinance were revised as follows: Townhouses was added as a special use in the CU district Adult day care was added as a permitted use in the CU district Day care centers was added as a permitted use in the CU district Government uses (other than those listed) was revised from a permitted use to a special use in the RL through the CL districts Hospitals was added as a new use type and listed as a special use in the CO, CR, CG, IL, and IH districts Medical care facilities was revised from a special use to a permitted use in the CG district and added as a permitted use in the IL and IH districts 3

7 ATTACHMENT A Nursery schools was revised from a special use to a permitted use in the CL through CU districts and added as a permitted use is the CG district Parks and open space was added as a permitted use in the CU district Social service delivery was revised from a special use to a permitted use in the CG, IL, and IH districts Utilities, minor was revised from a special use to a permitted use in the RMF district Amusement centers was added as a special use in the CU district Animal care facilities was added as a special use in the CO district and revised from a permitted use to a special use in the CR district Art galleries or studios was revised from a permitted use to a special use in the RT and RMF districts, added as a permitted use in the CL district, and revised from a special use to a permitted use in the CU district Building supplies and lumber sales was added as a special use in the CU district Catering and delivery was added as a permitted use in the CR, CG, IL, and IH districts Furniture and appliance stores was added as a permitted use in the CU district Offices, general was revised from a special use to a permitted use in the IL district and added as permitted use in the IH district Offices, medical was revised from a special use to a permitted use in the IL district and added as a permitted use in the IH district Parking, commercial was added as a special use in the CU district Retail, general was added as a permitted use in the IL and IH districts Schools, technical, trade, business was added as a permitted use in the IH district B Principal uses (page 3-5): Unclear about allocation of uses between Public and Civic Uses and Commercial Uses. For example, some medical uses in Commercial group (Office, Medical) and some in Public and Civic group (Medical care facilities). The draft ordinance was revised to change the Public and Civic Uses use group to Public, Civic and Institutional Uses to better reflect the range of use types included in the use group. The Cemeteries use type was moved from the Commercial use group to the Public, Civic and Institutional Uses use group B Principal uses (page 3-5): Clarification regarding the extent to which the Retail, large-format use applies to various types of retail. The draft ordinance was revised to change Large format retail and Shopping centers with 50,000 square feet or more of floor area from use types to a site development standard that requires a special use permit ( 4.9, page 4-50). The draft ordinance also includes an updated definition of Retail, Large Format in Article 9, Definitions: A building that either occupies 50,000 square feet on one or on more on any than one level dedicated to one or more principal retail commercial land use(s), including, but not limited to grocery stores and shopping centers C.1 Townhouses (page 3-14): Concern about access issues with requirement that the first floor is located a minimum of 18 inches above the finished grade. No revisions have been made at this time to the draft ordinance in reference to this item C.3 Townhouses (page 3-14): Issues of materials should be handled through the design review process, not through zoning. 4

8 ATTACHMENT A The draft zoning ordinance was revised as follows: The exterior facades of all townhouse units shall be varied in material and design so that no more than five of any 10 or three of any six to nine abutting units will have the same architectural appearance or front yard setback D.3.B Upper story residential/mixed use (page 3-16): The maximum floor-to-floor story height for the upper stories could be eliminated. This provision was removed from the draft ordinance C Group homes/senior (page 3-16): Group home only for seniors over the age of 61. This may create a problem as there isn t a category for students or other people The draft ordinance was revised to delete provisions related to Group homes/senior. Group homes/statutory H Tobacco and smoke shops (page 3-29): Consider adding additional use standards related to ventilation and that smoking may only be permitted indoors. Ensure that e-cigarettes and hookah are clearly included in the definition. The draft ordinance was revised to include the following standards for Tobacco and Smoke Shops: Ventilation shall be properly maintained. All on-site smoking shall be indoor. The draft ordinance also includes an updated definition of Tobacco and Smoke Shops in Article 9, Definitions: A store that sells tobacco and smoking-related products, including but not limited to e-cigarettes and hookah Accessory use standards (page 3-31): Clarify if religious institutions that operate in schools during the weekends would be able to operate. No revisions have been made at this time to the draft ordinance in reference to this item. Religious institutions would be able to continue to operate in schools on the weekends B.1.B Prohibited accessory structures (page 3-32): Include provisions that clarify the types of accessory structures prohibited in the City. The draft zoning ordinance was revised to include the following: The following accessory structures are not permitted: quonset huts, steel arch buildings, inflatable garages, portable or temporary garages, portable or temporary carports, portable containers, and converted shipping or semi-tractor containers, except as may be authorized in conjunction with a permitted temporary use in accordance C Accessory use table (page 3-33): Electric vehicle charging station is not shown as permitted in several R districts. Suggest adding a statement to differentiate between residential use of electric vehicle charging and public use at a commercial location. 5

9 ATTACHMENT A The draft ordinance was revised to include Electric vehicle charging station as a permitted use in the RL through RT districts C Accessory use table (page 3-33): RT district does not include Keeping of dogs as a permitted use. Clarify that property owner could keep a dog in a townhouse and have a doghouse in the yard. The draft ordinance was revised to include Keeping of dogs as a permitted use in the RT and RMF districts D.1 Accessory dwelling units (page 3-33): Consider permitting accessory units in structures separate from principal structure, especially on larger lots. Support for accessory dwelling units by-right as proposed D.1 Accessory dwelling units (page 3-33): Concern that an accessory unit is similar to a duplex. Support for retaining accessory dwelling units as special use. The draft ordinance was revised to change Accessory dwelling units from a permitted use to a special use in the RL, RM, and RH districts. The draft ordinance was revised to include the following standards for Accessory dwelling units: No more than one ADU shall be allowed per single-family dwelling unit. ADUs shall be located within the structure of a single-family dwelling unit; and any added external entrances for the ADU shall be located on the side or rear of the structure. The gross floor area of an ADU shall not exceed 35 percent of the total gross floor area of the principal dwelling. No ADU shall contain not more than two bedrooms. Occupancy of an ADU and the principal dwelling shall be as follows: One of the dwellings (principal or ADU) shall be owner-occupied; At least one of the dwelling units shall be occupied by: Any person 55 years of age or over; and/or Any person with a handicap as defined in the 1988 amendments to the federal Fair Housing Act, to include a person with a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. The combined occupancy of the single-family dwelling unit and the ADU shall consist of one family only, which is defined as one person or a group of persons related by blood or marriage, plus not exceeding three additional unrelated persons. Any ADU established for occupancy by a disabled person shall provide for reasonable access and mobility as required for the disabled person. The measures for reasonable access and mobility shall be specified in the application for a special use permit. Generally, reasonable access and mobility for physically handicapped persons shall include: Uninterrupted access to one entrance; and Accessibility and usability of one toilet room. 6

10 ATTACHMENT A Existing and/or proposed parking shall be sufficient to meet the needs of the principal dwelling and the ADU. If it is determined that such parking is insufficient, the provision of additional off-street parking spaces may be required. Such parking shall be in addition to the requirements required by the zoning ordinance for a single-family dwelling unit. The proposed ADU, together with any other ADUs within the area, shall not constitute sufficient change to modify or disrupt the predominant character of the neighborhood. In no instance shall the approval of a special use permit for an ADU be deemed a subdivision of the principal dwelling unit. Any ADU shall meet the applicable regulations for zoning, building, safety, health, and sanitation. The owner shall make provisions to allow inspections of the property by city personnel during reasonable hours upon prior notice. An initial inspection of a new ADU will be conducted by a zoning administrator, in addition to any renewal of the ADU use or transfer of ownership of the subject property. The zoning administrator may inspect the property if there is a complaint registered with the city or if the official has other reason to believe that the owner or occupants of the property are in violation of the ADU approval. Upon transfer of ownership of the subject property, the new owner shall be required to certify in writing to the zoning office that either: Continued use of the ADU will comply with the conditions of the previous city council approval for the ADU use; or Use of the ADU will not be continued, and the use of the space as a separate dwelling unit will cease in accordance with D.1(m), below. If there is a change in occupancy of the ADU that does not comply with the conditions under which the city council approves the ADU use, the use of the space as a separate dwelling unit shall cease, the physical arrangement of the space that created an independent housekeeping unit shall be integrated into the primary dwelling unit, and the space shall not be independently leased as a separate dwelling unit D.7 Day camps (page 3-37): Include personal services and community services as use types to which day camps could be accessory. Reference the standards for the principal use to which the day camp is accessory. The draft ordinance was revised to include personal service and community service as use types that day camps can be accessory to and accessory standards were deleted D.8 Day care homes, family (up to 12) (page 3-37): Clarify role of HOA concurrence for approval of family day care homes. Unclear about City enforcing private HOA covenants or agreements. No revisions have been made at this time to the draft ordinance in reference to this item. The relationship of zoning regulations and private covenants is provided for in C (page 1-3) D.9 Catering or delivery services (page 3-37): Include standards for Catering or delivery services. Particularly in a shopping center, delivery can have an impact on other nearby uses. Suggest adding standards for administrative approval similar to what has been included as conditions in special use approvals. The draft ordinance was revised to include the following standards for Catering or delivery services: 7

11 ATTACHMENT A Hours of delivery service shall be limited to between 7am and 12am, Sunday through Thursday; and 7am through 1am, Friday and Saturday; Maximum number of delivery vehicles in service during any shift shall be four; Delivery vehicles shall only be parked in parking spaces, and not in drive aisles and fire lanes; and For purposes of this section and where the delivery operation has vehicular access to multiple streets, all deliveries shall be made using the primary street access, rather than neighborhood side streets D.12 Home occupations (page 3-39): Clarify if requirement that no more than 20% of first floor for home occupation means that the occupation must occur on the first floor. Some use basements for their home occupation. The draft ordinance was revised as follows: Any part of a dwelling may be utilized for a home occupation, provided that the total floor area utilized in the conduct of a home occupation shall not exceed No more than 20 percent of the first floor area of the dwelling shall be in the conduct of the home occupation; accessory structures shall not be used for home occupation purposes D.14 Keeping of chickens and other fowl (page 3-41): Concern about impacts, cleanliness, inclusion of other fowl, attraction of predators (coyotes, foxes) into neighborhoods, feed attracting rodents, and inspection/enforcement. Consider eliminating the provisions for chickens/other fowl altogether or limit to certain zoning districts D.14 Keeping of chickens and other fowl (page 3-41): Support for keeping chickens in residential areas but questions whether provision to prevent enclosure within 25 feet of property owners dwelling is necessary. Would challenge someone to find the existing chickens that are in the City currently. Support for 6 chickens instead of 4. The draft ordinance was revised to permit Keeping of chickens in the RL district and on other single-family residential lots with a minimum of 20,000 square feet only. The RM district was removed. The draft ordinance was further revised to remove other fowl. The requirement that the enclosures be located 25 feet from on-site structures was removed D.15 Keeping of dogs (page 3-42): Concern about the number of pigs permitted, size of the pigs, including pigs within the same provision as dogs, smells, and permitting/enforcement. Consider a separate regulation from dogs, limiting the zoning districts, and/or limiting to one pig per property. The draft ordinance was revised to remove miniature pigs D.19 Religious institutions accessory uses (page 3-43): Clarification requested regarding the provision that an SUP is required for religious institutions but not for all accessory uses in religious institutions (shown as permitted in commercial districts). It would seem that an SUP would need to be updated if aspects of the use are changed. Also request to clarify if hypothermia shelters and meals programs would be included as temporary accessory uses with standards. 8

12 ATTACHMENT A The draft ordinance was revised to ensure that Religious institutions in the principal use table and the accessory table are the same. The draft ordinance was revised as follows for the Religious institutions accessory use standards: Day care centers, nursery schools, and schools, elementary, middle, high shall be allowed as accessory uses to religious institutions subject to the applicable provisions of B, F, H, respectively. (a) Accessory uses permitted The following accessory uses are permitted up to a maximum 3,000 square feet of gross floor area: (1) Offices for the institution; (2) Meeting rooms for intermittent community meetings or instruction; (3) Fellowship halls; (4) Child care centers; (5) Kitchen facilities, including meals on wheels or other similar programs using the kitchen in the place of worship but delivering food elsewhere; (6) Senior centers, neighborhood or community centers, and similar community service uses; (7) Temporary child care during religious services or events; (8) Outdoor play areas; (9) Schools with enrollment less than 51 students; (10) Unlighted athletic fields or similar facilities; (11) Gymnasiums or similar indoor recreational facilities; (12) Cemeteries; and (13) Residences for clergy employed by the institution. (b) Notwithstanding other provisions to the contrary, accessory uses permitted only by special use permit include: (1) Accessory uses totaling more than 3,000 square feet of floor area; (2) Schools with enrollment of 51 or more students; and (3) Lighted athletic fields or similar facilities. (c) Such uses shall be subject to the applicable provisions of City Code, chapter 14, article II, division 2, and Code of Virginia, tittle 63.2, chapter D Pick-up and drop-off containers and facilities (page 3-45): Consider including additional standards to limit number and location on property. The draft ordinance was revised to include the following standards: 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 9

13 ATTACHMENT A 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 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 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. Charitable drop-off containers may be allowed provided the containers do not occupy required parking areas or impede pedestrian or vehicular traffic G Retail sales events, outdoor (page 3-46): Consider a temporary use for outdoor retail sales that isn t a special event or seasonal that would provide for review of such an event. The draft zoning ordinance was revised to include: Outdoor retail sales events may be permitted only in conjunction with an established business and on the same lot as said business I Residence, temporary (page 3-46): Consider longer approval timeframe for temporary residences in cases of significant calamity or natural disaster. 10

14 ATTACHMENT A The draft ordinance was revised as follows: 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 (page 3-47): Religious institutions hold special events in residential districts and may be located closer than 300 feet to a residential use. The draft ordinance was revised as follows: 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 city-sanctioned /sponsored public, civic and institutional use-sponsored events, and indoor events K Seasonal sales, temporary (page 3-47): Schools and religious institutions have seasonal sales in residential districts. The draft ordinance was revised as follows: Seasonal sales, such as Christmas tree, fireworks and pumpkin sales lots, may be allowed in nonresidential districts and on the sites occupied by schools and/or religious institutions for up to 30 consecutive days Residential districts (page 3-48): Both support and concern expressed about reduction of side (interior) yard setbacks to 5 feet. The draft ordinance was revised for the RM and RH districts. The side yard (interior) in both districts was changed from 5 feet to 8 feet. The provision that limits the maximum height to 15 feet in the RM and RH districts within 12 feet of a side (interior) lot line was retained in A.2.A Residential districts (page 3-48): Support for reductions in setbacks for the RL district to allow garages, additions, etc. The draft ordinance was revised to reduce the front yard in the RL district from 50 feet to 40 feet Residential districts (page 3-48): Evaluate the feasibility of the lot area, setbacks, building coverage, and impervious coverage requirements for development, particularly the RT and RMF. The draft ordinance was revised to adjust the building coverage and lot coverage in the RT and the RMF districts. Building coverage in the RT was changed from 35% to 60% and the impervious coverage from 50% to 80%. Building coverage in the RMF was changed from 40% to 60% and the impervious coverage from 60% to 80%. The building coverage in the RH was changed from 30% to 35% Nonresidential districts (page 3-49): Evaluate the feasibility of the lot area, setbacks, building coverage, and lot coverage requirements for development, particularly the CL. The draft ordinance was revised as follows: The build-to line in the CU district was amended to a mandatory 50% across the property. The previous draft included a provision that the build-to line was mandatory for 90% of the façade within 30 feet of a block corner Building coverage and lot coverage in the CO district was increased to 50% and 85% from 25% and 50%, respectively 11

15 ATTACHMENT A Building coverage in the CR district was increased from 25% to 60% Lot coverage in the CU district was increased from 90% to 100% Lot coverage in the CG district was increased from 85% to 90% Lot coverage in the IL district was increased from 85% to 90% B Old Town Fairfax Historic Overlay District and Old Town Fairfax Transition Overlay District (page 3-50): An urban form of development is generally desired in the Old Town Area, but much of the zoning underneath the historic and transition district overlays is CR, which has a more suburban form. The building coverage and impervious coverage requirements in the CR would not allow for a parking structure integrated with the building without exceeding the coverage percentages. The draft zoning ordinance was revised to include building and lot coverage requirements for the Old Town Fairfax Historic Overlay District and the Old Town Fairfax Transition Overlay District. The Old Town Fairfax Historic Overlay District building coverage is proposed at 90% and the lot coverage at 100% ( B.4.E, page 3-51). The Old Town Fairfax Transition Overlay District building coverage is proposed at 80% and the lot coverage at 90% ( C.4 and 5, page 3-57). The build-to lines in the Old Town Fairfax Historic Overlay District and the Old Town Fairfax Transition Overlay District were amended to a mandatory 50% across the property. The previous draft included a provision that the build-to lines were mandatory for 100% of the façade within 30 feet of a block corner in both districts B.8.G Allowed sign types and regulations (page 3-53): Allow for a sign type that would address unique situations in which the standard sign regulations would not provide for adequate visibility of a sign on a property. The draft zoning ordinance was revised to include a hardship sign. This sign is included in the Old Town Fairfax Historic Overlay District, as well as in the Old Town Fairfax Transition Overlay District ( F.2, page 3-58) and the special sign regulations ( F, page 4-39) E John C. Wood House Historic Overlay District (page 3-56): Question posed regarding whether it would be possible to remove the historic overlay as part of the zoning rewrite. No revisions have been made at this time to the draft ordinance in reference to this item C.2 Height, maximum (page 3-56): Suggested further consideration of maximum heights in the transition overlay district. No revisions have been made at this time to the draft ordinance in reference to this item E Off-street parking (page 3-57): Include a parking minimum for residential uses in the Old Town Fairfax Transition Overlay District. The draft zoning ordinance was revised as follows: The parking ratio requirements of E shall be reduced by 50 percent for all uses, provided that each dwelling unit shall have no less than 1.25 spaces, unless otherwise specified in E I Development schedule (page 3-61): Include a provision that requires nonresidential floor area to be constructed in a phased development before all of the residential floor area is occupied. 12

16 ATTACHMENT A The draft zoning ordinance was revised to include the following: No zoning permit to authorize the occupancy of more than 66 percent of the approved residential floor area as part of PD-C or PD-M district development shall be issued prior to the issuance of a zoning permit to authorize the occupancy of 100 percent of the approved nonresidential floor area, unless specifically modified by the city council as part of planned development approval. Article 4. Site Development Standards B.2 Maximum requirements (page 4-2): Ensure that the maximum parking requirements do not make an existing property nonconforming if the use changes. The draft zoning ordinance was revised to include the following: These maximum parking requirements shall not apply to change of use situations where parking requirements are reduced. In the event of a decrease in intensity, parking does not have to be reduced. A use, lot or site will not be considered nonconforming solely because it has more parking that it is required or allowed D Exceptions (page 4-3): Reduce the proposed parking reduction for the CU district where structured parking is provided. The draft zoning ordinance was revised as follows: Within the CU, Commercial Urban District, where structured parking is provided: percent E Parking ratio requirements (page 4-3): General concern about proposed reductions in parking requirements, particularly shopping centers, retail, office, and restaurants. Suggestion to consider excluding restaurants from a standard shopping center parking ratio. Suggestion to ensure that the parking ratio for adult day care is inclusive of volunteers that may serve a facility. The parking ratios in the draft ordinance were revised as follows: Office, general was increased from one space per 400 to one space per 300 square feet of floor area Shopping centers was increased from one space per 250 to one space per 200 square feet of floor area Warehouse/freight movement was reduced from one space per 500 to one space per 1000 square feet of floor area A.2 General (page 4-5): Clarify the intent of off-site parking distance provision between walking distance and straight line measurement. The draft zoning ordinance was revised as follows: Any off-site parking space must be located within reasonable walking distance. For the sake of this provision, reasonable walking distance shall be within 300 feet walking distance of the shared parking lot, measured in a straight line between the entrance of the use to be served and the outer perimeter of the furthest parking space within the shared parking lot. (See also 4.2.5) Bicycle parking (page 4-9): Clarify if bicycle parking is required for residential and non-residential development as both will have vehicle parking ratio requirements. 13

17 ATTACHMENT A The draft zoning ordinance was revised as follows: establishes requirements for bicycle Bicycle parking and storage facilities shall be required for all multifamily and nonresidential uses in accordance with the requirements of this section. These requirements apply regardless of any motor vehicle parking exemptions or reductions B Required loading spaces (page 4-10): Loading can be a problem for smaller shopping centers, clarify if there is a separate loading requirement for shopping centers. The draft zoning ordinance was revised to provide standard requirements for loading spaces for all nonresidential uses according to square feet of floor area and for multifamily and upper story residential/mixed use buildings A Alternative compliance (page 4-10): Consider a cap on the reduction in parking that may be authorized administratively through alternative compliance, such as 20% to align with the administrative adjustment provision. The draft zoning ordinance was revised as follows: Alternative parking ratios up to 20 percent less than required and may be approved where an applicant submits a parking or loading study, prepared and sealed by a registered professional engineer in the Commonwealth of Virginia. Such study must illustrate that the required parking ratios of A or loading requirements of B do not accurately apply to a specific development proposal Access required (page 4-11): Allow the subdivision ordinance to handle when public improvements are required for single family development on existing lots. The draft zoning ordinance was revised as follows: All street frontages adjacent to building sites shall be improved to city standards. in accordance with the standards in the public facilities manual to city standards, provided that residential lots lawfully existing as of the effective date of this chapter may be developed without providing frontage improvements A Tree canopy (page 4-19): Revise to not permit shade structures to count toward tree canopy requirement. The draft zoning ordinance was revised to remove shade structures as an option to satisfy tree canopy requirements B Low impact development (page 4-20): Suggestion to require low impact development (LID) design for median islands instead of an option. No revisions have been made at this time to the draft ordinance in reference to this item D.2 Outdoor storage of materials, supplies, vehicles and equipment (page 4-23): Include provision that limits the amount of outdoor storage in residential districts. The provisions in the property maintenance code are not adequate to limit outdoor storage that isn t trash/debris. The draft zoning ordinance was revised to include the following: On residential district lots, such storage shall be located on the rear half of the lot, screened from the view from the first story of any neighboring dwelling, and the total area for such outdoor storage shall not occupy more than 100 square feet, provided 14

18 ATTACHMENT A that storage of materials and equipment related to a construction project for which a valid permit is in effect shall be allowed where the storage is maintained in an orderly condition and does not constitute a hazard E Pick-up and drop-off containers and facilities (page 4-23): Include screening requirements for temporary pick-up and drop-off containers and facilities. The draft zoning ordinance was revised to include the following: Pick-up and drop-off containers and facilities shall be screened from the first story window(s) of any neighboring dwellings by a solid fence, solid wall, dense hedge, or combination of such features. The hedge, fence or wall must be tall enough to screen the equipment B Plant types (page 4-24): Provide description of the reference plantings. The draft zoning ordinance was revised to include descriptions of canopy trees, understory trees, and shrubs. 4.6 Signs (page 4-26): Review the draft ordinance with respect to the local government attorney s model ordinance. The draft zoning ordinance was reviewed in accordance with the local government attorney s model and in light of the Reed v. Town of Gilbert Supreme Court case. Additional and revised language was included, in particular in the purpose statements ( A-G, page 4-26), the design, construction and maintenance section ( D, page 4-32) and the sign condition, safety hazard and nuisance abatement section ( E, page 4-33) B Signs allowed without a permit (page 4-28): Clarify the requirements for address signs. The draft zoning ordinance was revised to include the following: Street address signs, a maximum of one such sign without commercial information or logo per street address; notwithstanding other provisions to the contrary, such signs need not comply with setback requirements; and provided further that in residential districts, such signs shall be maximum of two square feet in area; A.6 General (page 4-28): Suggestion to consider provisions within the confines of the law that prohibit signs from containing graphic or inappropriate messages. The draft zoning ordinance was revised to include the following in the prohibited sign type section: Signs which display obscene, indecent, or immoral matter B.3 Pole (or pylon) signs (page 4-29): Should exempt temporary signs from the prohibition on pole or pylon signs as those often fit the definition of a pole or pylon sign. The draft zoning ordinance was revised as follows: A sign erected on a vertical framework of one or more uprights, supported by the ground; provided, otherwise allowed temporary signs may be pole signs B.4 Portable signs (page 4-29): Portable signs are a prohibited sign type, but sandwich board signs are permitted. Suggest that clarification be provided to ensure that prohibition isn t confused with allowance for sandwich boards. 15

19 ATTACHMENT A No revisions were made to the draft ordinance as a reference to an exception for temporary signs was already included B.6 Signs on vehicles or trailers (page 4-29): Add a prohibition for signs on vehicles that are used for advertising. The draft zoning ordinance was revised to include the following prohibited sign: Signs painted or displayed on vehicles or trailers conspicuously parked in places visible from public rights-of-way and used primarily for the purpose of advertising. This prohibition does not apply to signs painted or displayed on commercial vehicles which are incidental to the primary use of the vehicle as a delivery, service, or transportation vehicle A Computation of sign area (page 4-30): Encourage the measurement of signs around the lettering, not space in between. No revisions have been made at this time to the draft ordinance in reference to this item C Illumination (page 4-32): Provide additional clarification on exposed bulbs and illuminated tubing for sign illumination. The draft zoning ordinance was revised as follows: Except as specified for seasonal displays ( F) and open signs ( C), all external and internal lighting, including illuminated tubing, exposed bulbs, strings of lights and other lights sources, shall be directed toward a sign face and shielded from direct view. External lighting shall be directed toward signs and shielded so as to illuminate the sign face only B Area (page 4-35): Predict that the City will have many properties that are allowed the maximum sign area for monument signs, based upon the ratio of allowable area to street frontage. No revisions have been made at this time to the draft ordinance in reference to this item C Height (page 4-35): Concern about increased height of monument signs. No revisions have been made at this time to the draft ordinance in reference to this item Temporary signs (page 4-42): Consider requiring the location of temporary signs to be 10 feet from the property line to be consistent with the setback for monument signs and a maximum height of 5 feet. The draft zoning ordinance was revised to require 10 feet from property lines and a maximum height of 5 feet for temporary signs E Sandwich board signs (page 4-43): Concern expressed about possible proliferation in shopping centers. Suggested additional standards be included for location to ensure access around sign and for design. No revisions have been made at this time to the draft ordinance in reference to this item Nonresidential districts (page 4-44): Add provisions for fences and walls in nonresidential districts. 16

20 ATTACHMENT A The draft zoning ordinance was revised to include provisions for the industrial districts and other nonresidential districts B Prohibited lighting (page 4-48): Ensure that equivalent Compact Fluorescent (CFL) lighting isn t precluded in the ordinance. The draft zoning ordinance was revised as follows: These provisions shall not be interpreted to prohibit equivalent Compact Fluorescent (CFL) lighting Outdoor display (page 4-51): Evaluate whether items such as mattresses would be permitted outdoor display. No revisions have been made at this time to the draft ordinance in reference to this item. Outdoor retail sales was included as a temporary use in G (page 3-46) C Underground Utilities (page 4-52): Evaluate whether there are options in lieu of special exceptions for utility undergrounding or for the timing to consider the extent of undergrounding. The draft zoning ordinance was revised as follows: Temporary overhead facilities required for construction purposes shall be permitted. The city council may grant special exceptions to modify the requirements of this provision if the applicant demonstrates that the requirements pertaining to the underground placement of utilities in adjacent rights-of-way will result in an expense that exceeds five percent of the total construction costs. Special exceptions to the above requirement shall only be granted by the city council pursuant to the procedures and limitations established for special use permits set forth in of A Common Interest Community Associations (page 4-52): Regulations seem to be written toward residential, but commercial condominiums also exist in the City. The draft zoning ordinance was revised as follows: If any common interest community association, including condominium unit owners association, residential or nonresidential property owners association, real estate cooperative association, or similar legal entity (owners association) is to be responsible for the maintenance and control of any recreation and open area, private streets, stormwater facilities, or other facilities (common area and facilities) associated with a development, it must be established so that it has clear legal responsibility and authority to maintain and exercise control over the common area and facilities, including the obligation to maintain such common area and facilities and the power to compel contributions from property owners to cover their proportionate share of the costs associated with the maintenance of the common area and facilities D.2 Exemptions (page 4-55): Include a noise exemption for emergency generators. The draft zoning ordinance was revised to include: Emergency generators for periods of power outage; Article 5. Decision-Making Bodies and Officials B.2 Powers and duties (page 5-2): Make clear that Planning Commission is authorized to comment on all aspects of an application before it (not just the rezoning or the planned development review), including special 17

21 ATTACHMENT A uses or special exceptions, for example, even though the Commission may not be expressly recommending action on those aspects (but those aspects do relate to the rezoning or the planned development). The draft zoning ordinance was revised to include the following: In making a recommendation on any application, the planning commission shall be authorized to comment on any aspect of the application. Article 6. Development Review 6.2 Common Review Procedures (page 6-1): Evaluate all of the review timelines to ensure they set reasonable expectations and are manageable by staff. The draft zoning ordinance was revised as follows in J: Inaction by review bodies or agency - When a review body or agency fails to take action on an application within any time limit that is specified in this article, the decision-making body is free to proceed with its own action on the matter without awaiting a recommendation B.2 Timely staff reports and final actions (page 6-4): Ensure that the provisions for zoning administrator determination meet state code. The draft zoning ordinance was revised as follows: Where final actions is are the responsibility of the zoning administrator, such final decisions or determination shall be made within days of submission of a complete application, provided, however, action will be taken on a site plan review within 60 days in accordance with Code of Virginia requirements such request unless the applicant has agreed to a longer period Notice and public hearings (page 6-5): Consider including provisions for electronic posting and notice. No revisions have been made at this time to the draft ordinance in reference to this item B.2.B Administrative adjustments (page 6-7): Include notification provisions for administrative adjustments. The draft zoning ordinance was revised to include the following: Prior to the granting of an administrative adjustment, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for adjustment, and an opportunity to respond to the request within 21 days of the date of the notice. The zoning administrator shall make a decision on the application for adjustment and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this subsection B.3.D Verification (page 6-7): Suggest that it be included in ordinance if the City or the applicant is going to verify the posting has occurred with photographic evidence or otherwise. The draft zoning ordinance was revised to include the following: The applicant shall provide photographic or otherwise acceptable evidence to verify that the required posting occurred B.7 Constructive notice (page 6-9): Include provision that acknowledges that public hearing is not flawed through constructive notice. 18

22 ATTACHMENT A No revisions have been made at this time to the draft ordinance in reference to this item Approval considerations (page 6-10): Clarify if the approval considerations listed are exclusive or if other items be considered. The draft zoning ordinance was revised as follows: In determining whether to approve, approve with modifications or conditions, or disapprove a proposed text amendment, the planning commission and the city council shall consider the following, at a minimum: E.6 Procedure (page 6-14): Update the procedures for the acceptance of proffers. The draft zoning ordinance was revised as follows: If the applicant submits additional proffers as provided for in E.7 less than 17 calendar days prior to the first public hearing before the city council on the subject application, any scheduled public hearing before the city council shall be tabled or deferred and the costs of any additional advertising and expenses of r ing additional notice shall be borne by the applicant. Prior to the close of the city council's public hearing on the subject application, the applicant may also propose amended proffers or additional proffers, if recommended by the city council. However, if such amendments to the proffers materially alter the application, then such application shall be referred back to the planning commission as provided in E.7, below Fair market value (page 6-21): Simplify the establishment of fair market value as it pertains to approval of demolition in a historic district. The draft zoning ordinance was revised to include a provision that requires three separate independent appraisals that are satisfactory to the city assessor Exemptions (page 6-27): Retain the provisions that exempt single-family detached and minor land disturbance from site plan requirements. The draft zoning ordinance was revised as follows: Construction of ssingle-family detached or duplex dwellings and related accessory structures in the RL, RM and RH districts on a previously approved lot; Common amenity facilities (e.g., pools, clubhouses, sports courts), recreation and open space in approved subdivisions that have less than 2,500 square feet of associated land disturbance; B Applicability (page 6-32): Include a provision that allows for tree removal without a permit for trees determined to be a public health and safety menace. The draft zoning ordinance was revised to include the following: Tree removal permits shall not be required if the tree has been determined a public health and safety menace by the zoning administrator B Applicability (page 6-33): Suggest using the term construct in addition to, or as a replacement for, use as it relates to the requirement for a floodplain permit. The draft zoning ordinance was revised as follows: No person shall develop or use any land within a floodplain or engage in development within a floodplain without first having secured a floodplain permit from the zoning administrator. 19

23 ATTACHMENT A B Applicability (page 6-44): Consider revising the % reduction authorized through an administrative adjustment or making the provision applicable to only certain requirements. No revisions have been made at this time to the draft ordinance in reference to this item B.2 Applicability (page 6-46): The Virginia General Assembly has passed a bill in the 2016 session that precludes localities from requiring the consent of a common interest community association prior to the issuance of any permit, certificate, or license. The draft zoning ordinance was revised as follows: The dimensional standards (for residential and nonresidential uses) of 0 and those applicable to the overlay districts ( 3.7); provided, that prior to modifying minimum yard and building setback requirements for residential properties governed by common interest communities associations, the applicant shall submit evidence of approval of the requested special exception by the applicable common interest community association; and C and D Applicability (page 6-46): The Board of Zoning Appeals currently may act on multiple special exceptions for a single family detached property. Responsibility for two or more special exceptions is proposed to be the responsibility of the City Council, but retain special exceptions for single family detached with the BZA. The draft zoning ordinance was revised as follows: Alternatively, and in conjunction with other development reviews or where two or more special exceptions are proposed as part of the same application on all district properties, except in the RL, RM and RH districts, the city council may serve as the board of zoning appeals and approve special exceptions. The board of zoning appeal shall have authority to approve all special exceptions in the RL, RM and RH districts. Article 7. Nonconformities B Nonresidential districts (page 7-3): Clarify that granting an alteration to nonconforming structure in a nonresidential district could not increase the extent of the nonconformity. The draft zoning ordinance was revised as follows: Alterations of nonconforming structures in nonresidential districts, including enlargements and expansions, are permitted provided the proposed alteration or expansion does not increase the extent of nonconformity and if the proposed alteration or expansion results in the enlargement or expansion of the nonconforming structure by no more than 25 percent or 5,000 square feet, whichever is less. Article 8. Enforcement and Penalties Civil penalties (page 8-2): The language regarding civil penalties is confusing. Suggest revising. The draft zoning ordinance was revised as follows: Violation of the provisions of this chapter, whether by act or omission, shall be punishable by a civil penalty of $200 per day and each day that a violation remains 20

24 ATTACHMENT A uncorrected after receiving notice of the violation from the city shall constitute a separate offense of this chapter. In addition, repeat violations, meaning violations of the same section that are repeated after resolution of the initial violation, shall be subject to the following penalties: Each day that a violation remains uncorrected after receiving notice of the violation from the city shall constitute a separate offense of this chapter Criminal penalties (page 8-3): Clarify the language regarding what constitutes a separate offense in criminal violations to ensure it meets the state code. The draft zoning ordinance was revised as follows: 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 $10 nor more than $1,000 for each offense:. 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 nor more than $1,000, and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of not less than $100 nor more than $1,500. 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 nor more than $1,000; and Continued failure during each succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of not less than $100 nor more than $1,500. Each day that a violation remains uncorrected after receiving notice of violation from the city shall constitute a separate offense. 21

25 ATTACHMENT B Amendments to the Draft City of Fairfax Zoning Ordinance The Planning Commission held public hearings on May 23, 2016 and June 13, 2016 on the draft Zoning Ordinance. In response to input from the public hearings, amendments to the draft were recommended. Listed below are those amendments: Editor s revisions were completed for section numbering errors and broken links in the draft ordinance. Article 1. Introductory Provisions A.2.A Height exceptions (page 1-7): [revised graphic] A.2 Exceptions: (e) Chimneys attached to single-family, detached dwelling may extend above the maximum height specified in the respective district by up to three feet Required yards (page 1-9 through 1-11): B. Front yards 2. Corner lots On corner lots, the front property lot line is the property lot line with the shortest street frontage that is parallel to the rear lot line. 1

26 ATTACHMENT B C. Side yards 2. Corner lots On corner lots, (a) All lot lines not adjacent to a street shall be considered side (interior) yard lot lines; and (b) The side (street) lot line shall be the lot line with the lot line with the longest street frontage. E. Rear yards 2. Corner lots On corner lots, no rear yard shall be required F (page 1-11): [revised table] Conforming uses and structures (page 1-4): A. Special uses and special exceptions uses C. Variances and special exceptions Any variance or special exception lawfully approved prior to the effective date of this chapter [??EFFECTIVE DATE??] shall continue to be valid after the effective date. Development in accordance with an approved variance or special exception shall comply with the requirements of this chapter, provided that in the event of any inconsistency between an approved variance or special exception and the requirements of this 2

27 ATTACHMENT B chapter, development in accordance with the approved variance or special exception shall be permitted. Restoration of the RT-6 Zoning District in the draft ordinance covers the next 10 items: District conversion (page 1-15): [revised table] A Residential districts (page 3-1): 4. RT-6, Residential Townhouse district The RT-6, Residential Townhouse district is intended to maintain the character of lowdensity residential areas by providing for the development of townhouses with adequate open space to serve the needs of its residents. 3

28 ATTACHMENT B B Principal uses (page 3-5): [revised table] 4

29 ATTACHMENT B F Nursery schools (page 3-17): 4. Additional provisions for RT-6, RT, RMF, PD-R, and PD-C districts (a) In the RT-6, RT, RMF, PD-R, and PD-C districts, a nursery school may not be located in one or more of the units designed and built to rent or sell as dwelling units H Schools, elementary, middle or high (page 3-18): 3. Additional provisions for schools in RTM, RT-6, RT, and RMF districts (a) In the RTM, RT-6, RT, and RMF districts, a school may not be located in one or more of the units designed and built to rent or sell as dwelling units C Accessory use table (page 3-33): [revised table] 5

30 ATTACHMENT B Residential districts (page 3-48): [revised table] D.1 District boundary transitional yards (page 4-15): [revised table] 6

31 ATTACHMENT B A Tree canopy (page 4-19): [revised table] 7

32 ATTACHMENT B Signs allowed by district (page 4-34): [revised table] Article 3. Zoning Districts and Regulations 8

33 ATTACHMENT B B Principal uses (page 3-5 and 3-6): [revised table] E.2 Medical care facilities (page 3-8): Facilities providing medical or surgical care or surgery to patients, which may or may not offer overnight care, such as hospitals, urgent care facilities, or surgical centers, or any similar use. Surgical centers are outpatient facilities that offer surgery using general anesthesia or deep sedation. Medical care facilities does not include hospitals or medical offices, except accessory to other permitted uses F.3 Offices, medical (page 3-9): An office in which at least one doctor, dentist, psychiatrist, physician s assistant, nurse practitioner or similar medical provider treats or provides patients with counseling services patients. Medical office does not include medical care facilities. Medical office may not exclude a use based solely on the type of outpatient treatment or outpatient procedures provided there, except for those uses listed as medical care facilities. Medical office does not include speech therapy, tutoring, or marriage counseling D.1 Accessory dwelling units (pages 3-33 through 3-35): ADU acronym deleted D.12 Home occupations (pages 3-38 through 3-40): 12. Home occupations (a) Prohibited home occupations The following uses are not permitted as home occupations: (1) Vehicle service; (2) Vehicle repair; (3) Plant nurseries and greenhouses; (4) Manufacturing, heavy, which relates to the handling, processing, packing, or serving of food directly or indirectly to the public; 9

34 ATTACHMENT B (5) Medical or dental laboratory; (6) Restaurant or food services; (7) Sale or repair of firearms; (8) Bulk storage of flammable liquids; (9) Funeral homes; and (10) Animal care facilities. (c) Minor home occupations Minor home occupations means the use of an area located within a dwelling unit for business or commercial purposes. Such uses shall comply with the following additional requirements: (1) No person other than a member of the family residing on the premises shall be engaged in the home occupation; (2) Customers and employees coming to the residence to conduct business shall not be permitted, except for student Student instruction, where allowed, shall be limited as follows: (i) (ii) Such instruction shall be limited to a total of eight students per day, with no more than 40 total per week or six students present at any one time, between the hours of 8:00am and 9:00pm Gatherings of students and families for exhibitions and group activities may take place on the premises no more than four times per year. Such gatherings shall be consistent with the residential character of the neighborhood and shall conform to all applicable regulations regarding noise and parking Nonresidential districts (page 3-49): 10

35 ATTACHMENT B E Off-street parking (page 3-57): The parking ratio requirements of E shall be reduced by 50 percent for all uses, provided that each dwelling unit shall have no less than spaces, unless otherwise specified in E G Alternative Compliance (page 3-68): The city council may approve alternatives to the recreation and open space requirements of based upon exceptional design or recreational amenities, which best satisfy the purposes of this chapter. (See for more information) 11

36 ATTACHMENT B Article 4. Site development standards Location of parking (pages 4-4 and 4-5): B. Residential uses 1. Tandem parking and parking in required yards shall be allowed for singlefamily detached, single-family attached, duplex, and townhouse dwellings and for group homes, provided there is space for such parking without blocking the sidewalk. 2. Garage parking may be counted toward required parking Sidewalks (page 4-12): B. Placement 1. Where sidewalks are required, sidewalks shall be provided according to one of the following placement alternatives as determined by the zoning administrator: (a) Sidewalks shall be placed against the back of curb (urban street frontage); or (b) Sidewalks shall be placed such that a minimum strip of green space (3 to 5 feet wide) is maintained between the back of curb and the inside edge of the sidewalk and have a minimum paved width of five feet for this placement (sub-urban street frontage); a minimum of three feet of green space shall be maintained adjacent to all tree pits. 2. Site-specific placement, including where a variation from the placement methods described in B.(1) above, is necessary or desired; or where an obstruction is located within the paved area, the following criteria must be satisfied: (a) All placement and transition sections must be approved by the zoning administrator; (b) All radii in transition sections must be a minimum of 10 feet; and (c) In order to provide safe and adequate access on sidewalks, all sidewalks shall comply with minimum clear width requirements around all obstructions, natural or manmade D Transitional yard types (pages 4-15 and 4-16): 12

37 ATTACHMENT B 3. Use boundary transitional yards (a) Where townhouse developments occur adjacent to single-family detached or duplex dwellings, TY1 transitional yards shall be provided in accordance with D., below. (b) Where multifamily developments occur adjacent to single-family detached, duplex or townhouse dwellings, TY2 transitional yards shall be provided in accordance with D., below. (c) Where commercial developments occur adjacent to single-family attached, single-family detached, duplex, townhouse, or multifamily dwellings, TY3 transitional yards shall be provided in accordance with D., below. (d) Where industrial developments occur adjacent to single-family attached, single-family detached, duplex, townhouse, or multifamily dwellings, TY4 transitional yards shall be provided in accordance with D., below Signs allowed by district (page 4-34): RESIDENTIAL DISTRICTS NONRESIDENTIAL DISTRICTS RT- SIGN TYPES RL RM RH 6 RT RMF CL CO CR CU CG IL IH STANDARDS GROUND-MOUNTED SIGNS Monument P P P P P P P P P P P P P BUILDING-MOUNTED SIGNS Awning or canopy P P P P P P P A Hanging P P P P P P P B Projecting P P P P P P P C Wall P P P P P P P P D SPECIAL SIGNS Changeable copy P P P P P P P A Crown P P P P P P P B Directional P P P P P P P C Directory P P P P P P P D Flags A A A A A A A A A A A A A E Hardship P P P P P P P P P P P P F Historic marker A A A A A A A A A A A A A H Marquee P P P I Window P P P P P P P J TEMPORARY SIGNS Announcement or promotional P P P P P P P B Construction A A A A A A A A A A A A A D Political and noncommercial A A A A A A A A A A A A A E Real estate A A A A A A A A A A A A A F Residential directional A A A A A A A A A A A A 13

38 ATTACHMENT B RESIDENTIAL DISTRICTS NONRESIDENTIAL DISTRICTS SIGN TYPES RL RM RH RT- 6 RT RMF CL CO CR CU CG IL IH STANDARDS Sandwich board A A A A A A A G Seasonal product sales P P P P P P H Special event A A A A A A A A A A A A A I [revised table] A Monument signs (page 4-35): A. Description A ground-mounted sign used to identify nonresidential uses and subdivisions in residential districts, or nonresidential uses or developments in nonresidential districts, that is anchored and mounted on a dressed base or platform, which encloses the structural members that support the sign with brick, masonry, or painted metal with the bottom of the sign face at the base, at grade and not exceeding the specified overall height. Monument signs are the only groundmounted signs allowed in the city of Fairfax I Window signs (page 4-41): I. Window signs 2. Number There shall be a no maximum number of one permanent signs per window, provided the 25 percent coverage requirement, below, is maintained. Article 6. Development review Pre-application meeting (page 6-1): A. Before submitting an application required by this chapter, each applicant may hold a pre-application meeting with the zoning administrator, the director of community development and planning, or other applicable review official(s), or with decision-making bodies (separately or jointly) to discuss the procedures, standards and regulations required for development approval in accordance with this chapter. Applicants shall not present or discuss proffers as a pre-application meeting There shall be no discussion of proffers at any pre-application meeting for any rezoning or proffered condition amendment relating to a residential development or a residential component of any mixed use project. 14

39 ATTACHMENT B E Completeness review (page 6-3): E. Completeness review 1. Applications will be reviewed for completeness within five business days of submission. Applications not reviewed as required by this subsection E within five business days of submission shall be deemed complete submitted and the review process shall begin. 2. Other than situations covered by subsection E.1 above, aan application shall be considered submitted only after the applicable review official certifies that it is complete, provided in the required form, includes all mandatory information as may be required by the review official, and is accompanied by the applicable fee. 4. If the deficiencies are not corrected by the applicant within 60 working days, the application shall be considered withdrawn. If an application is deemed withdrawn because of failure to correct application deficiencies, notice shall be sent to the applicant I Inactive files (page 6-5): For inactive files, the zoning administrator may notify the applicant and applicant's agent in writing that a file has been closed when the file has been inactive for a period of time equal to or exceeding 12 months. The period of inactivity shall be measured from the time staff issued comments or correspondence that required revisions to the application or some affirmative act in response by the applicant but no subsequent revisions or affirmative act toward approval of the application has been made. Requests for action after a file has been declared inactive and the applicant has been notified require resubmittal as a new application. Review fees and cost of publication are required to be paid as part of the resubmittal Application requirements (page 6-12): B. If an applicant for rezoning wishes to submit proffers, such proffers may be submitted as part of the application. (See also ) Proffers (page 6-13): A. Intent The intent of is to provide, pursuant to the authority granted to the City by et seq.,2303, Code of Virginia, a more flexible and 15

40 ATTACHMENT B adaptable method to cope with situations found in such zones whereby a zoning reclassification may be allowed, subject to certain conditions proffered by the rezoning applicant, for the protection of the community Proffers (page 6-13): C. Proffer of conditions An owner may voluntarily proffer reasonable conditions, including cash, real property, services, land use restrictions and other conditions, in addition to the regulations established elsewhere in this chapter, as part of an application requesting an amendment to the zoning district regulations or the official zoning district map(s) or a change in zoning of individual parcel(s). In addition:, 1. The rezoning itself must give rise for the need for the conditions. 2. The conditions proffered shall have a reasonable relation to the rezoning. 3. All conditions proffered shall be in conformity with the comprehensive plan. 4. Aall proffered conditions proffered shall be consistent with the requirements of the , , Code of Virginia, and any other applicable provisions of the Code of Virginia A Period of validity (page 6-26): An approved special use permit shall expire 24 months from the date of approval unless the proposed development is established or, where a building permit is required, a building permit is pursued as set forth below: A. A complete building permit application has been submitted approved and remains valid; B. Where more than one building is to be built, the applicant may submit a series of building permit applications. The first application shall be submitted and approved within two years from the date that site plan special use approval is granted. Each subsequent application shall be submitted within 180 days from the date of issuance of a certificate of occupancy for the previous building Exemptions (page 6-27): F. Addition of bicycle parking when such parking is the only new parking being added Special Exceptions (page 6-46): B Applicability 16

41 ATTACHMENT B B. Special exceptions may be approved modifying: 1. The specific use standards authorized by the 3.5. This should not be interpreted as authorizing uses not otherwise allowed by 3.3; 2. The dimensional standards (for residential and nonresidential uses) of 3.6; and those applicable to the overlay districts ( 3.7) and those applicable to the overlay districts ( 3.7); provided, that prior to modifying minimum yard and building setback requirements for residential properties governed by common interest communities associations, the applicant shall submit evidence of approval of the requested special exception by the applicable common interest community association; and 2. The site development standards of Article 4. B. Special exceptions may be approved modifying: 1. The specific use standards authorized by the 3.5. This should not be interpreted as authorizing uses not otherwise allowed by 3.3; 2. The dimensional standards (for residential and nonresidential uses) of 3.6; 3. All standards applicable to overlay districts, ( 3.7), provided this shall not be interpreted as authorizing uses not otherwise allowed by 3.3; and 4. The site development standards of Article 4. Article 9. Definitions VEHICLE PARTS STORE: A primarily retail establishment specializing in the sale of vehicle parts. STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior sides are not more than two feet above the floor of such story; provided that any such story used as a separate dwelling unit shall be counted as a full story. 17

42 ATTACHMENT C Recommended Additional Amendments to the Draft City of Fairfax Zoning Ordinance Staff has continued to receive input from the community and has continued conduct its review of the draft Zoning Ordinance. Based upon this input and review, additional amendments to the draft are recommended for City Council consideration. Listed below are the recommended additional amendments: Article 1. Introductory Provisions F Permitted encroachments (page 1-11): [revised table] G.1.A Exceptions (page 1-12): [Revise the required building line for street side yards in the exceptions table for the RL, RM, and RH districts proportionally to the amended required street side yards in the dimensional table for those districts] Article 3. Zoning Districts and Regulations B.1.C Use limitations on accessory structures (page 3-32): (4) All accessory structures shall comply with the maximum height regulations applicable to the zoning district in which they are located, except as otherwise provided in B F C Accessory use table (page 3-33) and D.8 Accessory use standards Day care homes, family (up to 12): [Revise these sections to reinstate special use permit provisions for Day care home, family for the care of 5 to 12 children] Article 4. Site development standards 1