Fairfax City Zoning Code
CHAPTER 17
108: CR COMMERCIAL RECREATION ZONE
§ 17.108.010 PURPOSE.
(A) The CR commercial recreation zone provides a location for private, as opposed to publicly owned or operated, recreation facilities.
(B) The facilities may be single-purpose and occupy large land area, as in the case of a golf course or country club; they may also consist of a complex of associated activities, such as an amusement arcade or carnival, or a resort hotel.
(C) The uses in this zone tend toward physical activity in the open, and consequently adequate land area, careful design of improvements and control of the type and location of activities are necessary to protect surrounding properties.
(Prior Code, § 17.56.010) (Ord. 352, passed - -1973)
§ 17.108.020 GENERAL PROVISIONS.
(A) No premises in the CR zone may be used for any purpose or in any manner, except as set forth in this chapter.
(B) All structures, physical improvements and exterior physical modifications of building are subject to design review unless specifically exempted in each instance by the Planning Commission.
(Prior Code, § 17.56.020) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)
§ 17.108.030 PRINCIPAL PERMITTED USES AND STRUCTURES.
The following are principal permitted uses and structures in the CR zone:
(A) When conducted on a building site of not less than ten acres:
(1) Private recreation clubs including boat, swim, fishing, golf, tennis, riding and country clubs;
(2) Other uses determined by the Planning Commission to be of a similar nature to those listed in division (A)(1) above, and which comply with the objectives, purposes, policies and standards of the Fairfax Area General Plan;
(3) All other commercial recreational uses and structures specifically approved by the Planning Commission as part of a development plan or master plan approved by the Planning Commission; and
(4) Public recreation facilities and structures approved by the Town Council after referral of the proposals to the Planning Commission and Parks and Recreation Commission.
(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, § 17.56.030) (Ord. 352, passed - -1973)
§ 17.108.040 CONDITIONAL USES AND STRUCTURES.
(A) The following uses may not be established, expanded, substantially modified or changed to another conditional use in the CR zone unless and until a use permit is obtained:
(1) Any principal permitted use or structure on a building site of less than ten acres;
(2) Any commercial or residential use or structure which is determined by the Planning Commission to be accessory and incidental to an allowed principal recreational use, including, but not limited to quarters for custodians, watchmen and other service employees employed or engaged in serving the principal recreational use and commercial establishments including, but not limited to restaurants, bars, retail establishments and service establishments which are operated in connection with, serve the same patrons as, and are accessory and incidental to an allowed principal recreational use; provided further that no such accessory use or structure allowed by the provisions of this division (A)(2) shall under any circumstances become a principal recreational use unless so allowed by other provisions of this chapter;
(3) Signs not specifically allowed or provided for by Chapter 17.064 of this title;
(4) Signs which are not visible beyond the boundary line of the use or activity so advertised, but which would ordinarily be prohibited by Chapter 17.064 of this title; provided that, any sign allowed shall be reviewed by the Planning Commission;
(5) Establishments or businesses which entertain customers or clientele by musicians, actors or singers or establishments which charge admission or entrance fees;
(6) Mechanical amusement device arcades 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 demonstrated that the use is clearly ancillary to another use.
(B) In no case shall commercial or residential structures cover more than ten percent of the area; in no case shall accessory structures requiring a use permit be permitted to cover more than ten percent of the property.
(Prior Code, § 17.56.040) (Ord. 352, passed - -1973; Am. Ord. 491, passed - -1982; Am. Ord. 764, passed 2-1-2012)
§ 17.108.050 ACCESSORY USES AND STRUCTURES.
(A) Accessory uses and structures in the CR 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 upon, 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, are allowed, except by use permit.
(Prior Code, § 17.56.050) (Ord. 352, passed - -1973)
§ 17.108.060 DEVELOPMENT PROCEDURES AND STANDARDS.
The following development procedures and standards apply in the CR zone:
(A) Every commercial recreation use, facility or development, and every addition, modification or change thereof, shall subject to design review unless specifically exempted by the Planning Commission.
(B) For every commercial recreation use, facility or development requiring a use permit, any design review approval secured in connection therewith shall not be effective and final until the use permit is effective and final.
(C) The Planning Commission, in considering a use permit under the provisions of this chapter, may require information, maps, reports, drawings and other submissions in addition to those required for design review.
(D) Except as otherwise provided or required by use permit, each commercial recreation use, facility or development shall comply with all other relevant standards of this title, including off-street parking, design review and sign regulations.
(Prior Code, § 17.56.060) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)
§ 17.108.070 TRAFFIC IMPACT PERMIT.
The provisions of the traffic impact permit, Chapter 17.056 of this title, are applicable to properties in the CR zone.
(Prior Code, § 17.56.070) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986)