Fairfax City Zoning Code

CHAPTER 17

096: CH HIGHWAY COMMERCIAL ZONE

§ 17.096.010 PURPOSE.

(A) The purpose of the CH highway commercial zone is to allow a variety of service, retail and wholesale businesses with long operating hours, diversity of building size and type and short- term parking. Residential uses also are allowed.

(B) The highway commercial zone is designed to cater to automobile traffic rather than to pedestrian traffic. The buildings are more dispersed than in the central commercial zone and allow greater vehicular access.

(Prior Code, § 17.50.010) (Ord. 352, passed - -1973; Am. Ord. 522, passed - -1984; Am. Ord. 887, passed 2-7-2024)

§ 17.096.020 GENERAL RESTRICTION.

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

(Prior Code, § 17.50.020) (Ord. 352, passed - -1973)

§ 17.096.030 DESIGN REVIEW.

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

(Prior Code, § 17.50.030) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)

§ 17.096.040 PRINCIPAL PERMITTED USES AND STRUCTURES.

(A) Uses within the CH zone shall be conducted entirely within a building (unless a business permit and encroachment permit are granted in accordance with Town Code § 5.58 and § 12.32.025 for parklet uses and/or parklet enclosures) and are restricted to the following:

(1) Animal grooming and supplies;

(2) Appliances repair, domestic;

(3) Appliances sales, domestic;

(4) Artists studios;

(5) Audio/video sales and service;

(6) Automobile supply stores;

(7) Bakeries;

(8) Bakery goods stores (no on-site baking);

(9) Banks and savings and loans;

(10) Barbershops and beauty shops;

(11) Bicycle, sales and repair;

(12) Blueprint, photocopy services;

(13) Book stores;

(14) Building contractor’s facilities (provided there is no storage, servicing and repair of heavy equipment on the premises);

(15) Building supplies and lumber when within a building;

(16) Business machine sales and repair;

(17) Butcher shops;

(18) Camera and photography sales, service, developing and printing;

(19) Candy shops;

(20) Carpenters’ shops, cabinet making;

(21) Catering;

(22) Christmas tree sale lots;

(23) Clothing stores;

(24) Computer sales and service;

(25) Craft shops, including custom wood, paper, glass and metal work and sales;

(26) Dairy product stores;

(27) Delicatessens;

(28) Department stores;

(29) Diaper service;

(30) Drug stores and pharmacies;

(31) Electrical appliances, sales and repairs;

(32) Electronic products, sales and repairs;

(33) Floors, floor coverings (retail);

(34) Florists;

(35) Furniture repair, upholstery;

(36) Gift stores;

(37) Gymnasiums and athletic clubs;

(38) Hardware stores;

(39) Janitorial service and supplies;

(40) Jewelry stores;

(41) Laboratories;

(42) Laundry, dry cleaning;

(43) Leather goods stores;

(44) Linen supply;

(45) Lumberyards;

(46) Mail order and catalog sales;

(47) Mail services;

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

(49) Nurseries and garden supply stores;

(50) Office and business machine stores, repair;

(51) Office supplies;

(52) Offices and office buildings (professional offices, including medical/dental offices and clinics, real estate and insurance offices, stockbrokers, financial advisory services, tax services and programming);

(53) Packing and crating;

(54) Paint, glass and wallpaper stores;

(55) Parks, public;

(56) Pet stores;

(57) Photocopying;

(58) Photographic equipment sales and service;

(59) Picture framing shops, galleries;

(60) Post offices;

(61) Prescription pharmacies;

(62) Printing, publishing, lithography, engraving;

(63) Radio, television, sales and repair;

(64) Restaurants (not providing live entertainment or outdoor or fast food service for carry out);

(65) Rug, carpet cleaning services;

(66) Scientific instrument shops and service;

(67) Secretarial services;

(68) Shoe repair;

(69) Sporting goods stores;

(70) Stationery stores;

(71) Storage buildings, garages;

(72) Supermarkets and neighborhood grocery stores;

(73) Swimming pool sales, services;

(74) Tailor and dressmaking shops;

(75) Tool and cutlery sharpening;

(76) Toy stores;

(77) Travel bureaus;

(78) Upholstery shops;

(79) Variety stores;

(80) Veterinarian’s offices and small animal hospitals, including short-term boarding of animals and incidental care provided all operations are enclosed in a building with soundproof construction;

(81) Warehouses, except for storage of fuel or flammable liquids;

(82) Wholesale establishments; and

(83) Windows, window coverings.

(B) Exceptions are Christmas tree sale lots, parking lots and nurseries.

(Prior Code, § 17.50.040) (Ord. 352, passed - -1973; Am. Ord. 522, passed - -1984; Am. Ord. 672, passed - -1998; Am. Ord. 716, passed 9-6-2006; Am. Ord. 869, passed 9-7-2022; Am. Ord. 887, passed 2-7-2024)

§ 17.096.050 CONDITIONAL USES AND STRUCTURES.

(A) The following uses may not be established, expanded, substantially modified or changed to another conditional use in the CH zone.

(B) A conditional use permit must be obtained:

(1) Permitted principal uses with minor and/or accessory fabrication or assembly activities limited to light manufacturing or processing activities, when the entirety of the use, both principal and accessory, is contained entirely within a building;

(2) Permitted principal uses not conducted entirely within a building;

(3) Small animal boarding outdoors, provided there is a 500-foot separation from any residential zone;

(4) Car washes, both automatic and self- service;

(5) (Reserved)

(6) Private and public garages and parking lots improved in conformity with the provisions in Chapter 17.052;

(7) Automobile repair, parts and service establishments;

(8) Used car sales;

(9) Motels;

(10) Other uses determined by the Planning Commission as equivalent to those listed in divisions (B)(1) through (9), or which are determined to be equivalent to those listed in § 17.104.030 of this title but requiring regulation of location, extent or operation because of some unique characteristic;

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

(12) Mechanical amusement device arcades and computers for rent, subject to the following standards:

(a) 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.

(b) 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 clearly demonstrated that the use is clearly ancillary to another use.

(13) Bed and breakfasts;

(14) Churches;

(15) Convalescent homes,

(16) Day care centers;

(17) Drug and alcohol treatment facilities;

(18) Furniture stores;

(19) Game rooms, amusement and recreation establishments;

(20) Hospitals;

(21) Hotels;

(22) Institutional, non-profit;

(23) Institutional, public;

(24) Maintenance and repair services;

(25) Motorcycle, sales, service and repair;

(26) Musical instrument sales and service;

(27) Schools;

(28) Tool repair;

(29) Transportation services, bus depots;

(30) Utility substations and structures;

(31) Water tanks; and

(32) Cigar shops, smoke shops.

(33) 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, § 17.50.050) (Ord. 352, passed - -1973; Am. Ord. 491, passed - -1982; Am. Ord. 514, passed - -1983; Am. Ord. 522, passed - -1984; Am. Ord. 672, passed - -1998; Am. Ord. 716, passed 9-6-2006; Am. Ord. 883, passed 11-1-2023; Am. Ord. 887, passed 2-7-2024)

§ 17.096.060 PROCEDURE FOR PLANNING DIRECTOR USE DETERMINATION.

Uses not specifically listed in §§ 17.096.040 and 17.096.050 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 highway commercial zone district.

(Prior Code, § 17.50.055) (Ord. 672, passed - -1998)

§ 17.096.070 ACCESSORY USES AND STRUCTURES.

Accessory uses and structures in the CH 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 use;

(3) Offices for principal use;

(4) Accessory dwelling units;

(5) Mechanical amusement devices, limited to two devices per establishment; and

(6) Signs.

(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)

§ 17.096.080 BUILDING SITE REQUIREMENTS.

Building site requirements in the CH zone are: 7,500 square feet with a minimum of width of 50 feet. The maximum density for residential uses above the around-level is 20 units per acre unless the building site is within a WHO zone in which case the density standards of that overlay zone apply. All multi-family dwelling units shall comply with the design standards for multi-family housing in Article IV of Chapter 17.138, and all accessory dwelling units shall comply with the standards of Chapter 17.048.

(Prior Code, § 17.50.070) (Ord. 352, passed - -1973; Am. Ord. 887, passed 2-7-2024)

§ 17.096.090 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, § 17.50.080) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -1991)

§ 17.096.100 YARDS.

(A) No yards are required in the CH Zone except when a lot line of a lot in the CH zone is the boundary of a residential zone.

(B) When a lot line of a lot in the CH zone is the boundary of a residential zone, the highway 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, § 17.50.080) (Ord. 352, passed - -1973)

§ 17.096.105 DRIVEWAY STANDARDS.

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

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

§ 17.096.110 SIGNS.

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

(Prior Code, § 17.50.100) (Ord. 352, passed - -1973)

§ 17.096.120 OFF-STREET PARKING AND LOADING.

The following off-street parking and loading regulations apply in the CH zone.

(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 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 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;

(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 one of the following conditions, circumstances or cases:

(a) Conditions of non-conformity which produce and cause exceptional and extreme hardship or excessive physical difficulty in providing the 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 semi-public 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 approval of the use permit as set forth in Chapter 17.032 of this title and in conformity with design review requirements.

(Prior Code, § 17.50.110) (Ord. 352, passed - -1973)

§ 17.096.125 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)

§ 17.096.130 TRAFFIC IMPACT PERMIT.

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

(Prior Code, § 17.50.120) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986)

§ 17.096.140 FORMULA BUSINESSES AND RESTAURANTS.

Notwithstanding any other provision of this chapter, any proposed use or structure within the CH 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)