Fairfax City Zoning Code

CHAPTER 17

092: CL LIMITED COMMERCIAL ZONE

§ 17.092.010 PURPOSE.

(A) The CL limited commercial zone provides a location for uses which may be incompatible with the high density characteristics of the central commercial zone or which may have difficulty in finding a proper location in the highway commercial zone.

(B) The uses in the CL limited commercial zone are oriented to services rather than to the retail sale of commodities. Residential uses also are allowed.

(Prior Code, § 17.48.010) (Ord. 352, passed - -1973; Am. Ord. 887, passed 2-7-2024)

§ 17.092.020 GENERALLY.

No premises in the CL zone may be used for any purpose or in any manner, except as set forth in this chapter.

(Prior Code, § 17.48.020) (Ord. 352, passed - -1973)

§ 17.092.030 DESIGN REVIEW.

All structures, physical improvements and exterior modifications or building in the CL zone are subject to design review, unless specifically exempted in each instance by the Planning Commission or by other provisions of this chapter.

(Prior Code, § 17.48.030) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)

§ 17.092.040 PRINCIPAL PERMITTED USES AND STRUCTURES.

Principal permitted uses and structures in the CL zone are as follows:

(A) The uses shall be conducted entirely within a building and are restricted to the following:

(1) Restaurants;

(2) Hospitals, sanitariums and rest homes;

(3) Clinics, medical and dental offices, laboratories, research facilities, physical and mental therapy establishments;

(4) Professional offices;

(5) Music, art, dance and physical culture studios and establishments;

(6) Day care facilities; and

(7) Multi-family dwelling units with a minimum density of 20 units per acre on housing opportunity sites as shown in the General Plan.

(B) No principal permitted use provided for in division (A) above shall include entertainment of customers or clientele by music, actors or singing, nor permit any establishment or business to charge admission or entrance fees.

(Prior Code, § 17.48.040) (Ord. 352, passed - -1973; Am. Ord. 522, passed - -1984; Am. Ord. 887, passed 2-7-2024)

§ 17.092.050 CONDITIONAL USES AND STRUCTURES.

The following conditional uses and structures in the CL zone may not be established, expanded, substantially modified or changed to another conditional use unless and until a conditional use permit is obtained:

(A) Motels and hotels;

(B) Private schools;

(D) Any principal permitted use not conducted entirely within a building;

(E) Other uses determined by the Planning Commission as equivalent to those listed in divisions (A) through (D) above, or which are determined to be equivalent to those listed in § 17.092.040, but requiring regulation of location, extent or operation because of some unique characteristic;

(F) Establishments or businesses which entertain customers or clientele by musicians, actors or singers or establishments which charge admission or entrance fees; and

(G) Mechanical amusement device arcades subject to the following standards:

(1) Use permits shall be granted for periods of no more than six months initially. The Planning Commission may approve extensions. In approving use permits and extensions, findings must be made that the use will not or has not created or increased the incidence of excessive loitering, vandalism, pedestrian obstruction, noise or any other activity that may have an adverse effect on adjacent or vicinity properties, residences or businesses.

(2) Hours of operation shall be no later than 10:00 p.m. The Planning Commission may grant exceptions to this limitation for adults-only establishments or when it is demonstrated that the use is clearly ancillary to another use.

(H) Residential uses such as live/work units or shopkeeper units located above the ground floor of a building (less than 20 dwelling units per acre permitted).

(Prior Code, § 17.48.050) (Ord. 352, passed - -1973; Am. Ord. 491, passed - -1982; Am. Ord. 522, passed - -1984; Am. Ord. 887, passed 2-7-2024)

§ 17.092.055 PROCEDURE FOR PLANNING DIRECTOR USE DETERMINATION.

Uses not specifically listed in §§ 17.092.040 and 17.092.050 are specifically prohibited unless a use determination by the Planning Director is made which finds the use not specifically listed is similar to another use permitted or conditionally permitted within the Limited Commercial Zone.

§ 17.092.060 ACCESSORY USES AND STRUCTURES.

Accessory uses in the CL zone are as follows:

(A) Activities which are characteristic of and usually found in connection with a principal use on the same premises and which are subordinate to, dependent on and economically and operationally integrated into the principal use including, but not limited to the following:

(1) Parking garages and lots;

(2) Storage for principal uses;

(3) Offices for principal uses;

(4) Accessory dwelling units;

(5) Signs; and

(6) Mechanical and electronic amusement devices, limited to two devices per establishment.

(B) No detached nonresidential accessory structure, whether permanent or temporary, fixed or movable, and regardless of the material contained therein, shall be allowed, except by use permit.

(C) 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, § 17.48.060) (Ord. 352, passed - -1973; Am. Ord. 491, passed - -1982; Am. Ord. 887, passed 2-7-2024; Am. Ord. 891, passed 1-9-2025)

§ 17.092.070 BUILDING SITE REQUIREMENTS.

Building site requirements in the CL zone are 20,000 square feet with a minimum width of 75 feet. All multi-family dwelling units shall comply with the design standards for multifamily housing in Article IV of Chapter 17.138, and all accessory dwelling units shall comply with the standards of Chapter 17.048.

(Prior Code, § 17.48.070) (Ord. 352, passed - -1973; Am. Ord. 522, passed - -1984; Am. Ord. 887, passed 2-7-2024)

§ 17.092.080 HEIGHT.

(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.

(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 15 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, § 17.48.080) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991)

§ 17.092.090 YARDS.

(A) No yards are required, except when a lot line of a lot in the CL limited commercial zone is the boundary of a residential zone.

(B) When a lot-line of a lot in the CL zone is the boundary of a residential zone, the CL limited commercial lot shall provide yard space or spaces along and adjacent to the boundary line and along the street property line equal to that of the abutting yard space or spaces in the residential zone, except as may be otherwise permitted by a use permit.

(Prior Code, § 17.48.090) (Ord. 352, passed - -1973)

§ 17.092.095 DRIVEWAY STANDARDS.

The width and number of driveways for each property within the CL Limited Commercial Zone are regulated by Town Code Chapter 12.12, Driveway Entrances.

(Ord. 875, passed 12-7-2022)

§ 17.092.100 SIGNS.

No sign shall be established or maintained in the CL limited commercial zone, except as provided in Chapter 17.064 of this title.

(Prior Code, § 17.48.100) (Ord. 352, passed - -1973)

§ 17.092.110 OFF-STREET PARKING AND LOADING.

Off-street parking and loading regulations in the CL zone are as follows:

(A) General.

(1) Vehicular off-street parking and loading facilities shall be provided on the same building site and immediately adjacent to the use or structure served, except as otherwise provided herein.

(2) In the event of conflict, the provisions of this chapter shall prevail over other provisions of this title.

(B) Standard facilities.

(1) Off-street parking and loading facilities shall be as set forth in Chapter 17.052 of this title.

(2) For any structure or use for which no specific requirements are set forth in this title under Chapter 17.052, the following facilities shall be provided:

(a) One parking space for each 200 square feet, or fraction thereof, of gross floor area occupied by, used for, or devoted to the entirety of the principal use to be served, including accessory uses; and

(b) One large off-street loading space for each 20,000 square feet or fraction thereof.

(1) For permitted principal uses. Upon approval of a variance therefor, the above standard facilities may be reduced, but only to the degree necessitated, warranted and required by the relevant and consequential facts of each case, when the reduction does not adversely affect the development or use of adjacent properties or public ways, and under the following conditions, circumstances or cases:

(a) Conditions of non-conformity which produce and cause exceptional or extreme hardship or excessive physical difficulty in providing the standard facilities;

(b) Physical conditions, including, but not limited to access, topography and shape, beyond immediate and reasonable remedy by the town, applicant or owner, separately or collectively, which restrict or limit the physical development or use of a building site;

(c) Strict compliance is in conflict with design review findings, criteria or recommendations which are found to be more essential to the common good or to the protection of adjoining properties and uses, public or private;

(d) Facilities and uses owned, operated or conducted by a governmental, public utility or similar public or semipublic entity or agency;

(e) Facilities or uses determined to be singular, unique, transient or intermittent; and

(f) A facility or use which is allowed by other provisions of this title to provide less parking facilities.

(2) For conditional uses. The requirements of division (B) above may be varied by the terms, provisions or conditions of the use permit approving a conditional use in accordance with the facts, findings and determinations governing the approval of the use permit as set forth in Chapter 17.032 and in conformity with design review requirements of Chapter 17.020 of this title.

(Prior Code, § 17.48.110) (Ord. 352, passed - -1973; Am. Ord. 522, passed - -1984; Am. Ord. 703, passed 3-2-2004)

§ 17.092.120 TRAFFIC IMPACT PERMIT.

The provisions of the traffic impact permit, Chapter 17.056, are applicable to properties in the CL zone.

(Prior Code, § 17.48.120) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986)

§ 17.092.125 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, 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.

(Ord. 875, passed 12-7-2022)

§ 17.092.130 FORMULA BUSINESSES AND RESTAURANTS.

Notwithstanding any other provision of this chapter, any proposed use or structure within the CL zone which constitutes a formula business or formula restaurant, as those terms are defined in § 17.040.210, shall comply with Article II of Chapter 17.040.

(Ord. 787, passed 3-4-2015)