(A)    It is the purpose of this chapter to impose a maximum limit for the floor area of single-family residences and duplex properties.

   (B)   It is the intent of this chapter to accomplish the following:

      (1)   To preserve the quality of life and small town and rural character in the neighborhoods of Fairfax by limiting the size of new or renovated residences. The size limitation shall be based upon a ratio between the floor area of residential structures and building lot size. The establishment of an overall maximum limit on floor area size of 3,500 square feet for any residential structure shall serve to ensure the continuity and ecological sustainability of residential development in Fairfax.

      (2)   To limit negative environmental impacts from the development of new residential structures or expansion of existing residential structures through the establishment of a uniform standard limiting the size of residential structures on a lot.

      (3)   Provide a standard that serves to protect property values through the preservation of views, neighborhood character, scenic resources and environmental quality;

      (4)   Ensure that property owners can adequately develop or redevelop their properties for residential uses in a manner that correlates with lot size and the overall level of potential negative impacts on or off-site; and

      (5)   Minimize water runoff and soil erosion problems during and after construction.

(Ord. 696, passed 9-3-2002; Am. Ord. 832, passed 6-5-2019)

    The general requirements and regulations set forth in this title shall be subject to the specific modifications and interpretations set forth in this chapter.

(Ord. 696, passed 9-3-2002; Am. Ord. 832, passed 6-5-2019)

   (A)   The maximum floor area ratio for any lot containing a single-family residence or duplex shall be no greater than 0.40. See § 17.010.080 for the floor area calculation and § 17.010.090 for the floor area ratio calculation.

   (B)   The maximum floor area for any lot containing a single-family residence, duplex, or townhouse shall not exceed 3,500 square feet regardless of lot size. The maximum floor area limit shall exclude the floor area of: (1) one accessory structure containing 120 square feet or less and featuring no utilities; (2) one or two accessory dwelling units pursuant to Chapter 17.048; and garages space as defined in § 17.010.080 and § 17.010.090.

(Ord. 696, passed 9-3-2002; Am. Ord. 832, passed 6-5-2019; Am. Ord. 885, passed 11-1-2023)

   (A)   Any single family residential or duplex property whose legally established floor area exceeds the maximum floor area limit in § 17.136.030(B) as of June 1, 2019, shall not be deemed a legal non-conforming structure solely based on floor area.

   (B)   If any structure on a property specified in division (A) is involuntarily destroyed by fire or other calamity, by act of God or by the public enemy, to a greater extent than 50 percent, such structure may be rebuilt and reconstructed in kind with the same floor area, provided there is no increase in any nonconformity of the original structure and shall not be required to comply with § 17.016.070(B) except with respect to improvements located in the public right of way.

   (C)   If any structure on a property specified in division (A) is voluntarily altered, remodeled, reconstructed or demolished to a greater extent than 50 percent, such structure may be rebuilt or reconstructed with the same floor area, but otherwise in full conformity with the requirements of Title 17 (Zoning).

   (D)   Any structure on a property specified in division (A) may be voluntarily altered, remodeled, reconstructed or demolished to an extent of 50 percent or less, provided that the alteration, construction, or reconstruction of the structure shall not increase the existing, legally-established floor area.

   (E)   The limitations in this section shall not apply to the construction of one accessory dwelling unit per lot in conformance with Chapter 17.048.

   (F)   If any single family residential or duplex property containing less than the maximum floor area stated in § 17.136.030(B) is involuntarily destroyed by fire or other calamity, by act of God or by the public enemy, to a greater extent than 50 percent, such structure may be rebuilt and reconstructed in kind with the same floor area, provided there is no increase in any nonconformity of the original structure and shall not be required to comply with § 17.016.070(B) except with respect to improvements located in the public right of way.

   (G)   Evidence of the floor area and existing legal nonconformities of the existing structure(s) shall be based on floor plans of record retained at the Fairfax Department of Planning and Building Services or other evidence reviewed and approved by the Director of the Department of Planning and Building Services. The extent of destruction, alteration, or reconstruction of any structure, shall be determined in accordance with § 17.016.040(B).

(Ord. 832, passed 6-5-2019)

   An exception to the maximum floor area requirement may be granted to prevent or minimize inconsistencies with the floor area of adjacent or neighboring properties, to assist with the provision of adequate off-street parking, or if the lot is one acre or greater in size; provided that, the granting of such an exception would not be a grant of special privilege or be inconsistent with the intent of the General Plan or the Zoning Ordinance. Granting of an exception requires the review and approval of the Planning Commission. An exception that meets all of the above conditions may be granted by the Planning Commission, provided the total floor area shall not exceed 5,000 square feet per property.

(Ord. 696, passed 9-3-2002; Am. Ord. 832, passed 6-5-2019)