Fairfax City Zoning Code
CHAPTER 17
088: RM MULTIPLE-FAMILY RESIDENTIAL ZONE
§ 17.088.010 GENERALLY.
No premises in the RM multiple-family residential zone may be used for any purpose or in any manner, except as set forth in this chapter.
(Prior Code, § 17.46.010) (Ord. 352, passed - -1973; Am. Ord. 885, passed 11-1-2023)
§ 17.088.020 PRINCIPAL PERMITTED USES AND STRUCTURES.
Permitted uses in the RM zone are multiple dwellings and apartments at a density of not more than one living unit for 4,356 square feet of land areas, except by use permit under the provisions of § 17.088.030 unless a density bonus for affordable housing has been granted under the provisions of Chapter 17.050. Large family day care, supportive housing, and transitional housing also are allowed with a zoning permit, and no discretionary review is required, provided the standards of Chapter 17.138 are met.
(Prior Code, § 17.46.020) (Ord. 352, passed - -1973; Am. Ord. 885, passed 11-1-2023)
§ 17.088.030 CONDITIONAL USES AND STRUCTURES.
Conditional uses and structures in the RM zone are as follows:
(A) Multiple dwellings and apartments at a density of not more than one living unit for each 3,000 square feet of land areas provided the development is consistent with the Fairfax Area General Plan and its elements;
(B) A single duplex on a building site;
(C) Public or quasi-public buildings and uses of an educational, religious, cultural or public service type, not including corporation yards, storage or repair yards, warehouses or similar uses;
(D) Temporary tract offices;
(E) Public utility buildings, structures or facilities, except transmission lines;
(F) Other uses which are determined by the Planning Commission to be of the same general character as those enumerated in this section;
(G) Accessory uses other than those specifically listed in § 17.088.040; and
(H) General residential care, subject to the standards of Chapter 17.138.
(Prior Code, § 17.46.030) (Ord. 352, passed - -1973; Am. Ord. 509, passed - -1983; Am. Ord. 538, passed - -1985; Am. Ord. 810, passed 11-1-2017; Am. Ord. 885, passed 11-1-2023)
§ 17.088.040 ACCESSORY USES AND STRUCTURES.
Accessory uses and structures in the RM zone are as follows:
(A) Cabanas, greenhouses, patios, bath houses, tool sheds, playhouses, barbecue pits, fences, walkways, hedges and similar improvements and appurtenances;
(B) Private garages, parking spaces and swimming pools for the exclusive use of the residents of the premises and their guests; and
(C) Up to two residential accessory dwelling units or one junior accessory dwelling unit, which must be approved in accordance with the procedures and standards in Chapter 17.048 of this title.
(D) Short-term rental uses contained within an existing structure permitted for residential use as long as the residential unit is an ADU/JADU constructed prior to January 1, 2020.
(Prior Code, § 17.46.040) (Ord. 352, passed - -1973; Am. Ord. 810, passed 11-1-2017; Am. Ord. 885, passed 11-1-2023; Am. Ord. 891, passed 1-9-2025)
§ 17.088.050 BUILDING SITE REQUIREMENTS.
Building site requirements in the RM zone are as follows.
(A)
A use permit or hill area residential development permit (HRD) shall be first secured for any use, occupancy or physical improvement of or on a building site failing to meet the following requirements:
(1) Minimum area of 7,500 square feet and a minimum width of 60 feet with a slope of ten percent or less;
(2) The minimum building site area shall be increased by 600 square feet for each one percent increase in slope over ten percent to and including 15 percent, and the minimum width shall be increased by eight feet for each 600 square feet of additional area required, so that a building site having a slope of 15 percent shall have a minimum area of 10,500 square feet and a minimum width of 100 feet;
(3) Building sites having a slope of more than 15 percent shall increase in area above 10,500 square feet and a minimum width above 100 feet, at the rate of 1,200 square feet of area and five feet of width for each one percent increase in slope.
(B)
Each building site containing three or more dwelling units shall contain not less than 300 square feet of common or private open space for each dwelling unit, of which at least 60 square feet shall be private open space serving individual dwelling units. The open space shall conform to the following standards:
(1) None of the following shall be counted as a part of the open space required by this section: required yards or setbacks from a property line; separations required between buildings containing dwelling units; an open area, access area or other space required by any other ordinance of the town, such as a building code or safety code (parking areas and driveways); any area less than ten feet in width; any area having a finished grade of more than ten percent;
(2)
The following shall be counted as a part of the open space required by this section: patios with a minimum dimension of ten feet and decks and balconies with a minimum dimension of six feet which serve individual dwelling units; courtyards or other open spaces having minimum dimensions of ten feet, uncovered swimming pools, tennis courts, gym and fitness facilities, indoor space for yoga, dance and instruction, and similar recreation areas, and tot lots; landscape areas having minimum dimensions of less than ten feet but at least five feet at any point which are contiguous with and an integral part of the common open space or are connected to the common open space by walkways, may be included in calculating the area of such space.
(3) Any area or space which qualifies as a part of the open space required by this section shall continue to be counted as such if it is landscaped;
(4) Not more than two-thirds of the total amount of open space required on any building site may be consolidated into a single open area; and
(5)
The amount of open space required for a building site by this section is a minimum requirement and cannot be reduced unless needed as a concession or incentive for an affordable housing density bonus under the provisions of Chapter 17.050 or a waiver is granted under the provisions of Chapter 17.044, which include waivers to comply with reasonable accommodation provisions of state and/or federal law under the provisions of Chapter 17.044.
(Prior Code, § 17.46.050) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991; Am. Ord. 885, passed 11-1-2023)
§ 17.088.060 HEIGHT REGULATIONS.
Height regulations in the RM zone are as follows:
(A) (1) Except as otherwise permitted by variance, no building or structure occupied by a principal use on a lot having a slope of ten percent or less shall exceed a height of 28.5 feet nor contain more than two stories.
(2) On lots having a slope in excess of ten percent, no building or structure occupied by a principal use and situated on the downhill side of the street upon which it has its primary frontage shall exceed 35 feet in height, and if situated on the uphill side of the street shall not exceed 28.5 feet in height nor contain more than three stories.
Additional height, up to 36 feet, and an additional story, which shall not include more than 80 percent of the floor area of the story below and shall be set back at least ten feet from the front and rear walls of the story below, may be approved for a density bonus project with affordable housing under the provisions of Chapter 17.050.
(B) Except as otherwise permitted by variance or by the provisions of § 17.052.020 of this title, no accessory building or structure on any lot shall exceed 16 feet in height nor contain more than one story; provided that handrails required by the Uniform Building Code shall not be included in measuring height.
(Prior Code, § 17.46.060) (Ord. 352, passed - -1973; Am. Ord. 486, passed - -1981; Am. Ord. 605, passed - -1991; Am. Ord. 885, passed 11-1- 2023)
§ 17.088.070 YARDS.
Except as otherwise permitted by variance, each building site in the RM zone having a slope of not more than ten percent shall have yards as follows:
(A)
A front and rear yard having a combined depth of not less than 40 feet, but neither yard having a depth of less than ten feet and a minimum setback for garages of 18 feet. The combined depth may be reduced to 35 feet for an affordable housing project with a density bonus approved under Chapter 17.050.
(B) Two side yards having a combined width of not less than 25 feet, but neither yard having a width of less than ten feet and a minimum setback for garages of 18 feet. The combined width may be reduced to 15 feet with a minimum interior yard width of five feet for an affordable housing project with a density bonus approved under Chapter 17.050.
(C) On all corner lots, all street frontage of any corner lot shall have a yard setback of ten feet.
(D) Setback standards for accessory dwelling units are established in Chapter 17.048.
(Prior Code, § 17.46.070) (Ord. 352, passed - -1973; Am. Ord. 486, passed - -1981; Am. Ord. 605, passed - -1991; Am. Ord. 885, passed 11-1- 2023)
§ 17.088.075 DRIVEWAY STANDARDS.
The width and number of driveways for each property within the RM Multiple-Family Residential Zone are regulated by Town Code Chapter 12.12, Driveway Entrances.
(Ord. 875, passed 12-7-2022)
§ 17.088.080 SIGNS.
No signs shall be established or maintained in the RM multiple-family residential zone, except as authorized or allowed under the provisions of Chapter 17.064 of this title.
(Prior Code, § 17.46.080) (Ord. 352, passed - -1973)
§ 17.088.090 OFF-STREET PARKING.
Off-street parking spaces and facilities in the RM zone shall be provided as required or allowed by the provisions of Chapter 17.052 of this title, by Chapter 17.048 for accessory dwelling units, and the following standards:
(A) A minimum of ten percent of the interior of any parking lot area shall be landscaped;
(B) A landscaped island at least six feet in all interior dimensions and containing at least one 15-gallon tree shall be provided at the end of each interior row of parking stalls;
(C) One canopy tree shall be provided for each five parking stalls;
(D) A landscaped area at least five feet wide shall be provided between any surface parking area and the property line adjacent to a public street; and
(E) A landscaped area at least three feet shall be provided between any surface parking area and an interior property line.
(Prior Code, § 17.46.090) (Ord. 352, passed - -1973; Am. Ord. 885, passed 11-1-2023)
§ 17.088.100 TRAFFIC IMPACT PERMIT.
The provisions of the traffic impact permit, Chapter 17.056, are applicable to properties in the RM zone.
(Prior Code, § 17.46.100) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986)
§ 17.088.110 VARIANCES.
(A) The Planning Commission may require, as a condition of a variance approved and issued under the provision of this section, a reduction of building height, lot coverage, floor area ratio or buildable area, or any combination thereof, when the reduction is found necessary to protect adjoining property from adverse or detrimental effect, or to prevent the variance from constituting a grant of special privilege.
(B) The Planning Commission may require as a condition of a driveway variance approved and issued under the provision of this section an increase in the width or number of driveways entering a property, when the increase is found necessary to protect adjoining property from adverse or detrimental effect, or to prevent the variance from constituting a grant of special privilege.
(Prior Code, § 17.46.110) (Ord. 352, passed - -1973; Am. Ord. 486, passed - -1981; Am. Ord. 875, passed 12-7-2022)