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Fairfax City Zoning Code

CHAPTER 17

100: CC CENTRAL COMMERCIAL ZONE

§ 17.100.010 PURPOSE.

    The CC central commercial zone is the central business district and the retail commercial heart of the town. It should contain the most valuable land and structures, on a square-foot basis, of any zone in the town. The development of the CC central commercial zone caters to and invites pedestrian traffic. Consequently, store frontages tend to be continuous and driveways, blank walls and other conflicts with or deterrents to foot traffic tend to be minimized. Residential uses provide both a nighttime population which is commercially desirable and affordable living facilities for owners, workers and those without automobiles.
(Prior Code, § 17.52.010) (Ord. 352, passed - -1973; Am. Ord. 887, passed 2-7-2024)

§ 17.100.020 GENERALLY.

   No premises in the Central Commercial CC zone may be used for any purpose or in any manner, except as set forth in this chapter. Formula businesses and formula restaurants, as defined herein, that were not in business as of April 1, 2000, are not permitted in the CC zone.
(Prior Code, § 17.52.020) (Ord. 352, passed - -1973; Am. Ord. 695, passed 8-20-2002)

§ 17.100.030 DESIGN REVIEW.

   All structures, physical improvements and exterior physical modifications of buildings in the CC zone are subject to design review unless specifically exempted in each instance by the Planning Commission.
(Prior Code, § 17.52.030) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)

§ 17.100.040 PRINCIPAL PERMITTED USES AND STRUCTURES.

   (A)   Uses within the CC 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)   Alternative birthing centers licensed by the state’s Department of Health Services unless the requirement is waived by the state;
      (2)   Antique stores;
      (3)   Artist’s studios and galleries;
      (4)   Art supply;
      (5)   Audio/visual sales and service;
      (6)   Bakeries, including for sale on premises;
      (7)   Banks;
      (8)   Bars;
      (9)   Barbershops;
      (10)   Beauty shops;
      (11)   Bicycle sales and repair;
      (12)   Butcher shops;
      (13)   Blueprint and photocopy services;
      (14)   Bookstores;
      (15)   Cafes;
      (16)   Camera and photography shops;
      (17)   Camera and photography sales, service, developing and printing;
      (18)   Candy stores and confectioneries;
      (19)   Christmas tree sale lots;
      (20)   Clothing stores;
      (21)   Computer sales and service;
      (22)   Craft shops (including custom wood, paper, glass and metal work and sales);
      (23)   Curtain and drapery shops;
      (24)   Delicatessens;
      (25)   Drugstores and pharmacies;
      (26)   Electrical appliance sales, repair;
      (27)   Emergency shelters, subject to compliance with Chapter 17.138 of this title;
      (28)   Finance companies;
      (29)   Floors, floor coverings (retail);
      (30)   Florists;
      (31)   Food stores, excluding, supermarkets;
      (32)   Furniture stores;
      (33)   Gift shops and greeting card shops;
      (34)   Graphic artists, architects, draftsmen and painters (when not located on the ground floor);
      (35)   Hardware stores;
      (36)   Hobby stores;
      (37)   Ice cream stores;
      (38)   Interior decorating shops (with incidental retail sales);
      (39)   Jewelry sales and service;
      (40)   Laundries;
      (41)   Leather goods and luggage stores;
      (42)   Offices, when not located on the first floor, including medical/dental offices, real estate, insurance, stockbrokers, financial advisory services, tax services, programming, employment agencies and personnel offices;
      (43)   Office machines and supplies;
      (44)   Multi-family dwelling units with a minimum density of 20 units per acre on housing opportunity sites as shown in the General Plan;
      (45)   Music stores;
      (46)   Newsstands;
      (47)   Optician and optometrical shops;
      (48)   Paint, glass and wallpaper stores;
      (49)   Pet and bird stores;
      (50)   Photocopying;
      (51)   Picture framing shops;
      (52)   Printing, publishing, lithography and engraving;
      (53)   Radio, television, stereo sales, repair;
      (54)   Record, tape and compact disc stores;
      (55)   Restaurants not providing live entertainment or fast food service for carry off trade;
      (56)   Savings and loan offices;
      (57)   Shoe stores and repair;
      (58)   Service uses allowed in the CS zone when not located on the first floor and not displacing a residential use;
      (59)   Sporting goods stores;
      (60)   Stamp and coin stores;
      (61)   Stationery stores;
      (62)   Tailor and dressmaking;
      (63)   Ticket agencies;
      (64)   Toy stores;
      (65)    Variety stores;
      (66)   Watch and clock sales and repair; and
      (67)   Yard goods stores.
   (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, § 17.52.040) (Ord. 352, passed - -1973; Am. Ord. 522, passed - -1984; Am. Ord. 689, passed 3-6-2002; Am. Ord. 703, passed 3-2-2004; Am. Ord. 716, passed 9-6-2006; Am. Ord. 788, passed 5-6-2015; Am. Ord. 869, passed 9-7-2022; Am. Ord. 887, passed 2-7-2024)

§ 17.100.050 CONDITIONAL USES AND STRUCTURES.

   The following uses may not be established, expanded, substantially modified or changed to another conditional use in the CC zone unless, and until, a use permit is obtained:
   (A)   Any of the principal permitted uses not conducted entirely within a building;
   (B)   Drive-up windows or patron service areas and spaces exterior to a building, for any use;
   (C)   Theaters, nightclubs and entertainment establishments;
   (D)   Offices and service establishments allowed in § 17.100.040 when on the ground floor;
   (E)   Wholesale activities which are accessory to a main use on the same premises;
   (F)   Uses which combine wholesale and retail sales and/or retail and service activities when neither aspect of the business is an accessory or principal use but both are an integral part of the business;
   (G)    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).
   (H)   Other uses determined by the Planning Commission as equivalent to those listed in divisions (A) through (G) of this section or which are determined to be equivalent to those listed in § 17.100.040, but requiring regulation of location, extent or operation because of some unique characteristic;
   (I)   Establishments or businesses which entertain customers or clientele by musicians, actors or singers or establishments which charge admission or entrance fees;
   (J)   Cigar shops, smoke shops; and
   (K)   Liquor stores.
(Prior Code, § 17.52.050) (Ord. 352, passed - -1973; Am. Ord. 522, passed - -1984; Am. Ord. 703, passed 3-2-2004; Am. Ord. 716, passed 9-6-2006; Am. Ord. 887, passed 2-7-2024)

§ 17.100.055 PROCEDURE FOR PLANNING DIRECTOR USE DETERMINATION.

   (A)   Uses not specifically listed in §§ 17.100.040 and 17.100.050 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 Central Commercial District.
   (B)   The criteria utilized by the Planning Director to determine if a proposed use is sufficiently similar to a permitted use as described in § 17.100.040, and can be processed as such is as follows:
      (1)   The proposed use must be retail- oriented and closely approximate a use described in § 17.100.040 relative to the type of goods offered and/or service provided;
      (2)   The proposed use must cater to and invite pedestrian traffic;
      (3)   The proposed use encompasses store frontage that is open to the street with window displays that are oriented toward pedestrians.
(Am. Ord. 703, passed 3-2-2004)

§ 17.100.060 ACCESSORY USES AND STRUCTURES.

   Accessory uses and structures in the CC 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;
      (6)   Mechanical amusement devices, limited to two devices per establishment; and
      (7)   Mechanical amusement device arcades which have a use permit issued under Chapter 17.032 of this title.
   (B)   No detached nonresidential accessory structure, whether permanent or temporary, fixed or movable, and regardless of the materials 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, § 17.52.060) (Ord. 352, passed - -1973; Am. Ord. 491, passed - -1982; Am. Ord. 887, passed 2-7-2024; Am. Ord. 891, passed 1-9-2025)

§ 17.100.070 BUILDING SITE REQUIREMENTS.

    The minimum density for residential uses 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. No other building site requirements apply in the CC zone unless the building site is within a WHO zone in which case the 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, § 17.52.070) (Ord. 352, passed - -1973; Am. Ord. 887, passed 2-7-2024)

§ 17.100.080 HEIGHT.

   (A)   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. 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, § 17.52.080) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -)

§ 17.100.090 YARDS.

   No yards are required, except when a lot line of a lot in the CC zone is the boundary of a residential zone, the central 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, § 17.52.090) (Ord. 352, passed - -1973)

§ 17.100.095 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)

§ 17.100.100 SIGNS.

   No sign shall be established or maintained in the CC zone, except as provided in Chapter 17.068 of this title.
(Prior Code, § 17.52.100) (Ord. 352, passed - -1973)

§ 17.100.110 OFF-STREET PARKING AND LOADING.

   Off-street parking and loading requirements in the CC 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;
         (b)   One large off-street loading space for each 20,000 square feet or fraction thereof.
   (C)   Exceptions.
      (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 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 semi-public entity or agency;
         (e)   Facilities or uses determined to be singular, unique, transient or intermittent; and/or
         (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) of this section 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.
(Prior Code, § 17.52.110) (Ord. 352, passed - -1973; Am. Ord. 522, passed - -1984)

§ 17.100.120 TRAFFIC IMPACT PERMIT.

   The provisions of the traffic impact permit, Chapter 17.056 of this title, are applicable to properties in the CC zone.
(Prior Code, § 17.52.120) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986)

§ 17.100.125 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)

§ 17.100.130 FORMULA BUSINESSES AND RESTAURANTS.

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