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Fairfax City Zoning Code

CHAPTER 17

124: UR UPLAND RESIDENTIAL ZONE

§ 17.124.010 GENERALLY.

   (A)    No real property zoned SF-RMP shall be divided so as to create a parcel of less than ten contiguous acres unless and until the subdivision is permitted under a planned development which has been approved pursuant to this chapter.
   (B)   All structures, physical improvements and modifications involving soil or drainage modifications that fall into any of the categories listed in § 17.072.020 are subject to the Hill Area residential development permit requirements.
   (C)   All structures, physical improvements and exterior physical modification of a building are subject to design review.
   (D)   All structures, physical improvements and modifications involving soil or drainage modifications that fall into any of the categories listed in § 17.072.020 are subject to the Hill Area residential development permit requirements.
(Prior Code, § 17.66.010) (Ord. 607, passed - -1991; Am. Ord. 845, passed 2-5-2020)

§ 17.124.020 PRINCIPAL PERMITTED USES AND STRUCTURES.

   Uses within the UR zoned are restricted to a single-family dwelling on each building site.
(Prior Code, § 17.66.020) (Ord. 607, passed - -1991)

§ 17.124.030 CONDITIONAL USES AND STRUCTURES.

   Conditional uses in the UR zone are as follows:
   (A)   Agricultural uses, including crop and tree farming and viticulture, but not including the raising of animals or fowl for commercial purposes or the sale of any products on the premises;
   (B)   Public or quasi-public buildings and uses of an education, religious, cultural or public service type, not including corporation yards, storage or repair yards, warehouses or similar uses;
   (C)   Temporary tract offices;
   (D)   Public and private noncommercial recreation areas and facilities, such as country clubs, golf courses and swimming pools;
   (E)   Private stables and corrals;
   (F)   Public utility buildings, structures or facilities, except transmission lines;
    (G)   Living quarters of persons regularly employed on the premises;
   (H)   Other uses which are determined by the Planning Commission to be of the same general character as those enumerated in this section; and
   (I)   Accessory uses other than those specifically listed in § 17.124.040.
(Prior Code, § 17.66.030) (Ord. 607, passed - -1991; Am. Ord. 800, passed 2-3-2016; Am. Ord. 810, passed 11-1-2017)

§ 17.124.040 ACCESSORY USES AND STRUCTURES.

   Accessory uses in the UR zone are as follows:
   (A)   Home occupations;
   (B)   Cabanas, greenhouses, patios, bath houses, tool sheds, playhouses, barbecue pits, fences, walkways, hedges and similar improvements and appurtenances;
   (C)   Private garages, parking spaces and swimming pools for the exclusive use of the residents of the premises and their guests;
   (D)   Up to two residential accessory dwelling units which may include one junior accessory dwelling unit, which shall be approved in accordance with the procedures and standards in Chapter 17.048 of this title; and
   (E)   Short-term rental uses that include only one short-term rental unit per single-family zoned property contained within an existing structure permitted for residential use if that structure is not an ADU/JADU created after January 1, 2020.
(Prior Code, § 17.66.040) (Ord. 607, passed - -1991; Am. Ord. 810, passed 11-1-2017; Am. Ord. 865, passed 7-6-2022; Am. Ord. 886, passed 1-24-2024)

§ 17.124.050 BUILDING SITE REQUIREMENTS.

   Except as otherwise provided in §§ 17.044.030 through 17.044.050 of this title, a use permit must be first secured in the UR zone for any use occupancy or physical improvement failing to meet the following requirements.
   (A)    Minimum building site area shall be identical to the acreage expressed in the Fairfax General Plan classification for the site unless the Planning Commission approves a low impact clustered residential development under the provisions of § 17.072.090 (H).
   (B)   Minimum width shall be 60 feet unless the Planning Commission approves a low impact clustered residential development under the provisions of § 17.072.090 (H).
(Prior Code, § 17.66.050) (Ord. 607, passed - -1991; Am. Ord. 886, passed 1-24-2024

§ 17.124.060 HEIGHT REGULATIONS.

   (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)   (1)   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. The height of accessory dwelling units shall be governed by Chapter 17.048.
      (2)   Handrails required by the Uniform Building Code shall not be included in measuring height.
(Prior Code, § 17.66.060) (Ord. 607, passed - -1991; Am. Ord. 886, passed 1-24-2024

§ 17.124.070 YARDS.

   (A)    Except as otherwise permitted by variance, or by a low impact clustered residential development plan approved by the Planning Commission, each building site in the UR zone having a slope of not more than ten percent shall have yards as follows:
      (1)   A front and rear yard having a combined depth of not less than 25 feet, but neither having a depth of less than six feet; and
      (2)   Two side yards having a combined width of not less than 15 feet, but neither yard having a width of less than five feet.
   (B)   Except as otherwise permitted by variance, or by a low impact clustered residential development plan approved by the Planning Commission, each building site in the UR zone having a slope or more than ten percent shall have yards as follows:
      (1)   A front and a rear yard having a combined depth of not less than 35 feet, but the front yard having a depth of not less than six feet and the rear yard of not less than 12 feet;
      (2)   Two side yards having a combined width of not less than 20 feet, but neither yard having a width of less than five feet.
(Prior Code, § 17.66.070) (Ord. 607, passed - -1991; Am. Ord. 886, passed 1-24-2024

§ 17.124.075 DRIVEWAY STANDARDS.

   The width and number of driveways for each property within the UR Upland Residential Zone are regulated by Town Code Chapter 12.12, Driveway Entrances.
(Ord. 875, passed 12-7-2022)

§ 17.124.080 SIGNS.

   No signs shall be established or maintained in the UR upland residential zone, except as authorized or allowed under the provisions of Chapter 17.064 or this title.
(Prior Code, § 17.66.080) (Ord. 607, passed - -1991)

§ 17.124.090 OFF-STREET PARKING.

    Off-street parking spaces and facilities shall be provided in the UR zone as required or allowed by the provisions of Chapter 17.052 of this title unless modified for a low impact clustered residential development plan approved by the Planning Commission.
(Prior Code, § 17.66.090) (Ord. 607, passed - -1991; Am. Ord. 886, passed 1-24-2024

§ 17.124.100 TRAFFIC IMPACT PERMIT.

   The provisions of the traffic impact permit, Chapter 17.056 are applicable to properties in the UR zone.
(Prior Code, § 17.66.100) (Ord. 607, passed - -1991)

§ 17.124.110 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.
(Prior Code, § 17.66.110) (Ord. 607, passed - -1991; Am. Ord. 875, passed 12-7-2022)

§ 17.124.120 ENVIRONMENTAL IMPACT MITIGATION MEASURES.

   All mitigation measures as listed in the adopted environmental documentation for any project undertaken in this zone district shall be performed and monitored. All mitigation measures adopted by the town shall be monitored by the town, other agencies and project developers, as required.
(Prior Code, § 17.66.120) (Ord. 607, passed - -1991)