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Fairfax City Zoning Code

§ 260-12

Definitions.

For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this section.
ACCESSORY BUILDING
An incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage.
ACCESSORY LIVING QUARTERS
An accessory building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
ACCESSORY USE
A use conducted on the same lot as the primary use of the structure to which it is related; a use which is clearly incidental to, and customarily found in connection with, such primary use.
ACREAGE, GROSS
The overall total area.
ACREAGE, NET
The remaining area after all deductions are made; with deductions including streets, easements for access and street dedications.
AGRICULTURE
The tiling of the soil, raising of crops, animals, horticulture, gardening, beekeeping and aquaculture.
ALLEY
Any public way or thoroughfare more than 10 feet but less than 20 feet in width which has been dedicated or deeded to the public for public use.
ALTERATION
Any change, addition or modification in construction, occupancy or use.
AMUSEMENT CENTER
An establishment offering five or more amusement devices, including but not limited to coin-operated electronic games, shooting gallery, table games and similar recreational diversions within an enclosed building.
APARTMENT HOUSE
A residential building designed or used for three or more dwelling units.
AUTOMOTIVE REPAIR, MAJOR
An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided it is conducted within a completely enclosed building.
AUTOMOTIVE REPAIR, MINOR
An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, provided it is conducted within a completely enclosed building.
AUTOMOTIVE SELF-SERVICE STATION
That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity and may also include a freestanding automatic car wash.
AUTOMOTIVE SERVICE STATION
That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities may include automotive repair and maintenance, car wash service and food sale.
AWNING
A shelter supported entirely from the exterior wall of a building.
BASEMENT
Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
BED-AND-BREAKFAST FACILITY
A limited commercial activity, occurring within any zone, conducted within a structure, which includes dining and bathroom facilities with sleeping rooms for short-term guest lodging.
BLOCK
Land, or a group of lots, surrounded by streets or other rights-of-way other than an alley, or land which is designated as a block on any recorded subdivision tract.
BOARD
The board of adjustment of the adopting jurisdiction.
BOARDINGHOUSE
A dwelling containing a single dwelling unit and not more than 10 guest rooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than one week.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING CODE, UNIFORM
The Building Code promulgated by ICBO and adopted by the jurisdiction.
BUILDING HEIGHT
The vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building is the maximum height of any segment of the building.
BUILDING LINE
The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.
BUILDING, MAIN
A building in which the principal use of the site is conducted.
BUILDING, TEMPORARY
A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.
BUSINESS OR FINANCIAL SERVICES
An establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service.
CANOPY
A roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows and other openings.
CARPORT
A roofed structure open on at least two sides and used for the storage of private or pleasure-type vehicles.
COMMERCIAL CENTER, COMMUNITY
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A community commercial center shall provide for the sale of general merchandise, and may include a variety store, discount store or supermarket.
COMMERCIAL CENTER, CONVENIENCE
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A convenience commercial center shall provide a small cluster of convenience shops or services.
COMMERCIAL CENTER, NEIGHBORHOOD
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sales of convenience goods and services, with a supermarket as the principal tenant.
COMMERCIAL CENTER, REGIONAL
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings and other retail sales and services, in full depth and variety. The center includes at least one full-line department store as the principal tenant, and often includes two or three major department stores.
COMMERCIAL, HEAVY
An establishment or business which generally uses open sales yards, outside equipment storage, or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are lumber yards, construction specialty services, heavy equipment suppliers or building contractors.
COMMERCIAL, LIGHT
An establishment or business which generally has retail or wholesale sales, office uses or services that do not generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in the definition are retail stores, offices, catering services or restaurants.
COMMERCIAL PARKING GARAGE
A building, other than a private garage, used for the parking of automobiles with or without a fee.
COMMERCIAL RETAIL SALES AND SERVICES
Establishments which engage in the sale of general retail goods and accessory services. Businesses within this definition include those which conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor "sidewalk" promotions); businesses specializing in sale of either general merchandise or convenience goods.
COMMERCIAL SCHOOL
A school establishment to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school).
COMMISSION
A planning commission of the adopting jurisdiction.
COMMUNITY SIGNS
Temporary, on- or off-premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive and/or informative nature announcing activities, promotions or events with seasonal or traditional themes having broad community interest, and which are sponsored or supported by a jurisdiction-based nonprofit organizations.
COMPREHENSIVE PLAN
The declaration of purposes, policies and programs for the development of the jurisdiction. Also called the General Plan.
CONDITIONAL USE
A use which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
CONDOMINIUM
A single dwelling unit in a multiunit dwelling or structure, which is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.
CONGREGATE RESIDENCE
Any building or portion thereof which contains facilities for living, sleeping and sanitation as required by this chapter, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.
CONVALESCENT CENTER
A facility which is publicly or privately operated and intended for long-term patient care due to human illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.
COURT
A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
DANCE HALL, DISCOTHEQUE
Is an establishment intended primarily for dancing and entertainment within an enclosed building, using either live or electronically produced music, either open to the public or operated as a private club open to members only.
DAY CARE, FAMILY
The keeping for part-time care and/or instruction, whether or not for compensation, of six or less children at any one time within a dwelling, not including members of the family residing on the premises.
DAY CARE, GROUP
An establishment for the care and/or instruction, whether or not for compensation, of seven or more children at any one time. Child nurseries and preschool facilities are included in this definition.
DENSITY
The number of dwelling units which are allowed on an area of land, which area of land may include dedicated streets contained within the development.
DRIVEWAY
A private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.
DWELLING, DUPLEX
A building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units.
DWELLING, MULTIPLE-UNIT
A building portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or spaces. Individual dwelling units may be owned as condominiums, or offered for rent.
DWELLING, PLANNED GROUP
Two or more detached buildings used as dwelling units located on a lot that is in single ownership having yards, courts or facilities in common.
DWELLING, SINGLE-FAMILY
A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.
DWELLING UNIT
Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this chapter, for not more than one family, or a congregate residence for six or less persons.
EASEMENT
That portion of a lot or lots reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement may be for use under, on or above said lot or lots.
FACE OF BUILDING, PRIMARY
The wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.
FAMILY
Two or more persons related by blood, marriage or adoption, or a group not to exceed six unrelated persons living together as a single housekeeping unit.
FARM ANIMALS
Animals other than household pets that may, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep and goats; or small animals, e.g., rabbits, chinchilla, chickens, turkeys, pheasants, geese, ducks and pigeons.
FLOOR AREA, GROSS
The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the center line of dividing walls; this includes courts and decks or porches when covered by a roof.
FLOOR AREA, NET
The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.
FLOOR AREA RATIO
The numerical value obtained by dividing the gross floor area of a building by the area of the lot on which the building is constructed.
FRONTAGE
The width of a lot or parcel abutting a public right-of-way measured at the front property line.
GARAGE, PRIVATE
A building or a portion of a building not more than 1,000 square feet in area, in which only private or pleasure-type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept.
GENERAL PLAN
The declaration of purposes, policies and programs for the development of the jurisdiction. Also called the Comprehensive Plan.
GRADE (ADJACENT GROUND ELEVATION)
The lowest point of elevation of the existing surface of the ground, within the area between the building and a line five feet from building.
GRAFFITI
Unauthorized marking on a structure.
GROSS LEASABLE AREA (GLA)
The total floor area of a commercial building designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet as measured from the center line of joint partitions and from outside wall faces.
GROUP CARE FACILITY
A facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes or those suffering the effects of drugs or alcohol; this does not include day-care centers, family day-care homes, foster homes, schools, hospitals, jails, or prisons.
GUEST ROOM
Any room or rooms used or intended to be used by a guest for sleeping purposes. Every 100 square feet of superficial floor area in a dormitory shall be considered to be a guest room.
HABITABLE SPACE (ROOM)
Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.
HOME OCCUPATION
The partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof which is subordinate and incidental to the use of the dwelling for residential purposes.
HOSPITALS
An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities laboratories, outpatient departments, training facilities and staff offices, but not including clinics or health-care centers.
HOUSEHOLD PETS
Dogs, cats, rabbits, birds, for family use only (noncommercial) with cages, pens, etc.
INDUSTRIAL OR RESEARCH PARK
A tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to assure a harmonious integration into the neighborhood.
JURISDICTION
Any political subdivision which adopts this chapter for administrative regulations within its sphere of authority.
KENNEL
Any lot or premises on which four or more adult dogs or cats are kept, for compensation or not.
KITCHEN
Any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.
LANDSCAPING
The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment may also include the use of logs, rocks, fountains, water features and contouring of the earth.
LEGISLATIVE BODY
The political entity of the adopting jurisdiction.
LIVESTOCK
Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.
LOT
A single parcel of land.
LOT, CORNER
A lot abutting on two intersecting or intercepting streets, where the interior angle of the intersection or interception does not exceed 135°.
LOT, FLAG
A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.
LOT, INTERIOR
A lot other than a corner lot.
LOT IRREGULAR
A lot whose opposing property lines are generally not parallel, such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.
MANUFACTURED HOME
A transportable home in one or more sections, which is built on a permanent form or base and is designed for use with or without a permanent foundation when connected to the required utilities.
MANUFACTURING, HEAVY
All other types of manufacturing not included in the definitions of "light manufacturing" and "medium manufacturing."
MANUFACTURING, LIGHT
The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.
MANUFACTURING, MEDIUM
The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment within an enclosed structure or an open yard, that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.
MOBILE HOME
A vehicle, other than a motor vehicle, greater than 320 square feet in gross floor area designed with attached axles and wheels, which may be used for permanent or semipermanent housing or human occupancy, and which is designed to be drawn by a motor vehicle. The term shall also include any vehicle meeting the above description which is used for an office, a classroom, a laboratory, processing, manufacturing, retail sales or other use.
MOBILE HOME PARK
A tract of land developed and operated as a unit with individual sites and facilities to accommodate two or more mobile homes.
MOBILE HOME, SPECIAL CARE
A mobile home used as a temporary dwelling for a family member who is in need of special, frequent and routine care by reason of advanced age or ill health.
MODEL HOME
A dwelling temporarily used as a sales office for a residential development under construction; said home being used for on-site sales and not for general real estate business.
MORTUARY, FUNERAL HOME
An establishment in which the dead are prepared for burial or cremation. The facility may include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings and/or display of funeral equipment.
MOTEL, HOTEL
Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
NATURAL WATERWAYS
Those areas, varying in width along streams, creeks, springs, gullies or washes, which are natural drainage channels as determined and identified by the jurisdiction.
NONCONFORMING BUILDING
A building or structure or portion thereof lawfully existing at the time this chapter became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the district in which it is located.
NONCONFORMING LOT
A lot whose width, area or other dimension did not conform to the regulations when this chapter became effective.
NONCONFORMING SIGN
A sign or sign structure or portion thereof lawfully existing at the time this chapter became effective, which does not now conform.
NONCONFORMING USE
See "use, nonconforming."
OPEN SPACE
Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space may be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.
PARK
A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.
PARK AND RIDE FACILITIES
Are parking lots or structures located along public transit routes designed to encourage transfer from private automobile to mass transit or to encourage carpooling for purposes of commuting, or for access to recreation areas.
PARKING LOT
An open area, other than a street, used for the parking of automobiles.
PARKING SPACE, AUTOMOBILE
A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.
PERSON
A natural person, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
PLANNED UNIT DEVELOPMENT (PUD)
A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, may be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.
PLAT PLAN
A plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.
PUBLIC IMPROVEMENT
Work within dedicated rights-of-way or easements.
PUBLIC SERVICES
Uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities.
PUBLIC UTILITY STATION
A structure or facility used by a public or quasi-public utility agency to store, distribute, generate electricity, gas telecommunications, and related equipment, or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
PUBLIC WAY
Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
QUASI-PUBLIC
Essentially a public use, although under private ownership or control.
QUORUM
A majority of the authorized members of a board or commission.
RECREATIONAL VEHICLE
A vehicular unit, other than a mobile home, whose gross floor area is less than 320 square feet, which is designed as a temporary dwelling for travel, recreational and vacation use, and which is either self-propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer or van.
RECREATION, INDOOR
An establishment providing completely enclosed recreation activities. Accessory uses may include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion-picture theaters, and related amusements.
RECREATION, OUTDOOR
An area free of buildings except for rest rooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions, and similar structures, used primarily for recreational activities.
RECYCLING FACILITY
Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires, and bottles and other such materials.
REHABILITATION CENTER (HALFWAY HOUSE)
An establishment whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, halfway houses for prison parolees and juveniles.
RELIGIOUS, CULTURAL AND FRATERNAL ACTIVITY
A use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.
RENOVATION
Interior or exterior remodeling of a structure, other than ordinary repair.
RESTAURANT
An establishment which provides food for on-premises consumption.
RESTAURANT, DRIVE-IN
A restaurant which serves food to customers seated in vehicles.
SALVAGE YARD
Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, materials such as scrap metals, paper, rags, tires and bottles.
SETBACK
The minimum required distance between the property line and the building line.
SIGN
An advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers.
SITE PLAN
A plan which outlines the use and development of any tract of land.
STORY
That portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.
STREET
Any thoroughfare or public way not less than 16 feet in width which has been dedicated or deeded to the public for public use.
STREET, PRIVATE
A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.
STRUCTURE
That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner.
SUBDIVISION
The division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land.
SWIMMING POOL
Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.
THEATRE
A building used primarily for the presentation of live stage productions, performances or motion pictures.
USE
The activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.
USE, CHANGE OF
The change within the classified use of a structure or premises.
USE, NONCONFORMING
A use which lawfully occupied a building or land at the time this chapter became effective, which has been lawfully continued and which does not now conform with the use regulations.
USE, TEMPORARY
The use that is authorized by this chapter to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, flea markets and garage sales.
VARIANCE
The means by which an adjustment is made in the application of the specific regulations of a zoning ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone, and which adjustment remedies disparity in privileges.
WAREHOUSE, WHOLESALE OR STORAGE
A building or premises in which goods, merchandise or equipment are stored for eventual distribution.
WRECKING YARD
Any place where damaged, inoperable or obsolete machinery such as cars, trucks and trailers, or parts thereof, are stored, bought, sold, accumulated, exchanged, disassembled or handled.
YARD
An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures except as otherwise provided in this chapter.
YARD, FRONT
A yard extending across the full width of the lot, depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
YARD REAR
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line or ordinary high water line and a line parallel thereto.
YARD, SIDE
An open, unoccupied space on the same lot with the building and between the building line and the side lot line, or to the ordinary high water line.
ZERO LOT LINE DEVELOPMENT
Single-family dwellings arranged on individual lots as either detached structures with one or more side walls on a side property line.