Fairfax City Zoning Code
CHAPTER 17
104: CS CENTRAL COMMERCIAL ZONE
§ 17.104.010 GENERALLY.
No premises in the CS commercial service zone may be used for any purpose or in any manner, except as set forth in this chapter.
(Prior Code, § 17.54.010) (Ord. 352, passed - -1973)
§ 17.104.020 DESIGN REVIEW.
All structures, physical improvements and exterior physical modifications of buildings in the CS zone are subject to design review unless specifically exempted in each instance by the Planning Commission or other provisions of this title.
(Prior Code, § 17.54.020) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)
§ 17.104.030 PRINCIPAL PERMITTED USES AND STRUCTURES.
(A) Principal permitted uses and structures in the CS zone are lumber yards, home improvement centers and building and construction supply businesses.
(B) The uses shall be conducted entirely within a building and are restricted to the following: warehouse, storage, wholesale and distribution facilities having no manufacturing, processing, fabrication, assembly or similar activities on the premises as a part or accessory thereto.
(C) 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 of business to charge admission or entrance fees.
(Prior Code, § 17.54.030) (Ord. 352, passed - -1973)
§ 17.104.040 CONDITIONAL USES AND STRUCTURES.
The uses may not be established, expanded, substantially modified or changed to another conditional use unless and until a use permit is obtained:
(A) Permitted principal uses with minor and accessory fabrication or assembly activities, but not including any manufacturing or processing activities; when the entirety of the use, both principal and accessory, is contained entirely within a building;
(B) Permitted principal uses not conducted entirely within a building;
(C) Building contractors facilities provided the premises is the legal or principal business address of the contractor, and provided there is no storage, repair or servicing of transport trucks, tractors, cranes, compressors and similar or other heavy equipment on the premises;
(D) Wholesale bakeries, bottling plants, laundries and dry cleaning plants, when operated entirely within a building;
(E) Printing and publishing plants;
(F) Other uses determined by the Planning Commission as similar to those listed in divisions (A) through (E) above, or which are determined to be similar to those listed in § 17.104.030, but requiring regulation of location, extent or operation because of some unique characteristic; and
(G) Establishments or businesses which entertain customers or clientele by musicians, actors or singers or establishments which charge admission or entrance fees.
(Prior Code, § 17.54.040) (Ord. 352, passed - -1973)
§ 17.104.045 PROCEDURE FOR PLANNING DIRECTOR USE DETERMINATION.
Uses not specifically listed in §§ 17.104.040 and 17.104.050 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 Commercial Service Zone.
§ 17.104.050 ACCESSORY USES AND STRUCTURES.
(A) Accessory uses and structures in the CS zone are 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.
(B) No detached accessory structure, whether permanent or temporary, fixed or movable, and regardless of the materials contained therein, is allowed, except by use permit.
(Prior Code, § 17.54.050) (Ord. 352, passed - -1973)
§ 17.104.060 BUILDING SITE REQUIREMENTS.
Building site requirements in the CS zone are as follows:
(A) Twenty thousand square feet, with a minimum width of 100 feet.
(B) A use permit must be first secured for any use, occupancy of, physical improvement of, or on, a building site failing to meet the requirements; and the use permit shall not allow or authorize any use not allowed elsewhere in the CS zone, and on other building sites therein.
(Prior Code, § 17.54.060) (Ord. 352, passed - -1973)
§ 17.104.070 HEIGHT REGULATIONS.
Height restrictions in the CS zone are: one story and 15 feet.
(Prior Code, § 17.54.070) (Ord. 352, passed - -1973)
§ 17.104.080 YARDS.
(A) No yards are required, except when a lot line of a lot in the CS zone is the boundary of a residential zone.
(B) When a lot line of a lot in the CS zone is the boundary of a residential zone, the CS 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, § 17.54.080) (Ord. 352, passed - -1973)
§ 17.104.085 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)
§ 17.104.090 SIGNS.
No sign shall be established or maintained in the CS zone, except as provided in Chapter 17.064 of this title.
(Prior Code, § 17.54.090) (Ord. 352, passed - -1973)
§ 17.104.100 OFF-STREET PARKING AND LOADING.
Off-street parking and loading requirements in the CS 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 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 in 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 use permit 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 of public ways, and under 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
(f) A facility of 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 the approval of the use permit as set forth in Chapter 17.032 and in conformity with design review requirements of Chapter 17.020.
(Prior Code, § 17.54.100) (Ord. 352, passed - -1973)
§ 17.104.110 TRAFFIC IMPACT PERMIT.
The provisions of the traffic impact permit Chapter 17.056 of this title, are applicable to properties in the CS zone.
(Prior Code, § 17.54.110) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986)
§ 17.104.115 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)
§ 17.104.120 FORMULA BUSINESSES AND RESTAURANTS.
Notwithstanding any other provision of this chapter, any proposed use or structure within the CS 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)