(A)   No non-conforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, floor area, front yard, side yards, rear yard or height of structures prescribed in the regulations for the district in which the structure is located without a variance issued under Chapter 17.028.

   (B)   The aggregate amount of construction, alteration, enlargement or reconstruction on any nonconforming building or structure, or on any building or structure located on a nonconforming property during the life of the building or structure subsequent to October 2, 2009 shall not:

      (1)    Affect more than 50% of the floor area of the building or structure or expand that floor area by more than 50%; or

      (2)   Result in the addition of a bedroom to such residential building or structure. For the purposes of this paragraph, when any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in determining affected floor area.

   (C)   The restriction in this division shall not apply:

      (1)   To projects that are limited to replacing windows and/or doors, installation of insulation to achieve greater energy efficiency, cosmetic floor or wall coverings, roof repairs that do not change the configuration of the existing roof, earthquake preparedness improvements or projects to generate alternative energy; or

      (2)   When all of the following conditions exist:

         (a)   The off-street parking requirements of Title 17 are met or a variance for an exception has been granted;

         (b) The work does not increase an existing or create any new nonconformity; and

         (c)   The structure or building is not located in an area that is subject to the provisions of either Chapter 17.060 (Ridgeline Development) or Chapter 17.068 (Flood Zones).

(Prior Code, § 17.10.040) (Ord. 352, passed --1973; Am. Ord. 486, passed --1981; Am. Ord. 605, passed --1991; Am. Ord. 696, passed 9-3-2002; Am. Ord. 742, passed 9-2-2009)

   (A)    Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, floor area, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located, is destroyed by fire or other calamity, or by act of God or by the public enemy, to the extent of 50 percent or less, as defined in § 17.016.040(B), the structure may be restored and the non-conforming use may be resumed, provided that restoration is started within one year, or other time period required by law, and diligently pursued to completion.

   (B)   (1)   Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or structure which does not comply with the standards of coverage, floor area, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located, is destroyed by fire or other calamity, or by act of God or by the public enemy, to a greater extent than 50 percent as defined in § 17.016.040(B), or is voluntarily razed or required by law to be razed, the structure shall not be restored in a manner that would increase the non-conformity relative to the previously existing structure and the restoration must be in conformity with the requirements of Title 17, the Zoning Ordinance, to the greatest extent possible.

      (2)   Any discrepancy relative to conformity requires the approval by the Planning Commission.

      (3)   Evidence of the status of the previously existing structure 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.

(Prior Code, § 17.10.070) (Ord. 352, passed - -1973; Am. Ord. 486, passed - -1981; Am. Ord. 696, passed 9-3-2002; Am. Ord. 832, passed 6-5-2019)

   (A)   The purpose of this section is to provide for the continued operation of existing filling (service) station uses, and to describe when they may be deemed abandoned; allow for alterations or enlargement of such uses when the alteration would provide greater protection for the environment, safeguard public health and safety, or facilitate the increased use of zero emission vehicles; and prohibit filling (service) station operators from increasing the storage and dispensing capacity of gasoline and other fossil fuels.

    (B)   This section applies to:

       (1)   All lawfully developed and operating filling (service) station uses in existence prior to January 1, 2023; and

       (2)   All filling (service) station uses not yet developed and/or operating but subject to an approved and unexpired land use permit.

    (C)   Except as provided below, filling (service) station uses and structures related thereto shall not be enlarged, extended, reconstructed or moved to a different portion of the lot or parcel of land occupied by such use. As determined by the Planning and Building Services Director, examples of features subject to this provision include, but are not limited to, those related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storage tanks, pumps, dispensers).

      (1)   Filling (service) station uses shall be modified to conform to current stormwater quality control regulations, or remediate or mitigate contamination of the soil, air, or groundwater, or to conform to current regulations, including amended regulations, of a regulatory agency with jurisdiction over soil, air, groundwater, or stormwater, provided the owner or operator complies with all applicable procedures and permit requirements of the Town Code.

       (2)   As determined by the Public Works Director or designee, the pedestrian and vehicular circulation features (e.g., curbing, sidewalks, traffic control devices) of a filling (service) station use may be modified to improve public safety.

      (3)   Filling (service) station uses may be modified to accommodate battery charging station(s) for zero emission vehicles, subject to compliance with § 15.04.065 of this Code.

      (4)   Filling (service) station uses may be modified to accommodate commercial uses that are not related to fossil fuel sales and that are otherwise provided for in the regulations applicable to the Highway Commercial zoning district and provided the owner or operator complies with all applicable procedures and permit requirements of the Town Code.

       (5)   A filling (service) station use shall not be re-established if such use has been discontinued for a continuous period of 180 days or more, or has been changed to, or replaced by, a conforming use. If the use has discontinued for reasons of construction under a valid building permit, the Public Works Director may extend the 180-day timeframe when presented with documentation demonstrating construction has been pursued diligently and timely.

       (6)   A filling (service) station may conduct building and site design modifications or renovations intended to improve or maintain the appearance of the station or the parcel on which it is constructed. Such modifications may include, but not be limited to, modifications or renovations of building façade, signs, landscaping and hardscape, provided the owner or operator complies with all applicable procedures and permit requirements of the Town Code.

       (7)   A filling (service) station shall be modified as required by law to comply with building safety requirements such as seismic retrofitting, access for persons with disabilities, and similar modifications protecting public health, safety or welfare, provided the owner or operator complies with all applicable procedures and permit requirements of the Town Code.

       (8)   A filling (service) station may undergo normal maintenance, replacement and repairs, including, but not limited to, painting, re-roofing, sign replacement, fossil fuel dispensing equipment upgrades and similar modifications, provided the owner or operator complies with all applicable procedures and permit requirements of the Town Code.

       (9)   A filling (service) station that is damaged or destroyed by any means may be restored or reconstructed as it existed immediately prior to the damage or destruction, provided the owner or operator complies with all applicable procedures and permit requirements of the Town Code and such restoration or reconstruction is completed, as confirmed with a final building inspection, within two years of the date of damage or destruction. Failure to complete such restoration or reconstruction within the two-year timeframe shall constitute abandonment of the use.

(Ord. 883, passed 11-1-2023)