Fairfax City Zoning Code
§ 260-18
Conditional use permits, variances or special use permits.
[Amended 2-10-2026 by Ord. No. 461]
A.
In granting a conditional use permit/variance or special use permit the Council may prescribe appropriate conditions to insure compliance and to protect adjacent properties.
B.
Upon filing with the City Clerk-Treasurer an application for consideration of zoning request, a date must be set for a hearing thereon, which shall be not later than 45 days from the date of filing, and shall hear such persons as wish to be heard either in person or in writing. Notice of any such hearing shall be mailed not less than 10 days before the date of hearing to each person who filed the request, and to each owner of property situated wholly or partly within 350 feet of the property to which the request relates.
C.
The Council must determine that such use at the proposed location will be consistent with the general and applicable specific objectives of the Comprehensive Plan and this chapter, and that the following criteria will always be met:
(1)
The proposed use is allowed as a conditional use in the zoning district for which it is proposed;
(2)
The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, odor or unsightliness, and will not otherwise adversely impact the health, safety and welfare of the community;
(3)
The use will not be injurious or hazardous to the use and enjoyment of other property in the vicinity and will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(4)
The use will be designed, constructed, operated and maintained in a manner that is compatible in appearance with the existing or intended character of the surrounding area;
(5)
The use will not substantially diminish or impair the value of neighboring properties;
(6)
The site will be adequately served by and will not impose a burden on essential public facilities and services, including utilities, streets, drainage, police and fire protection, and schools;
(7)
Development and operation of the use will not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community;
(8)
Adequate measures have been or will be taken to minimize traffic congestion in the public streets and to provide for adequate on-site circulation of traffic, parking and loading spaces;
(9)
The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance to the community;
(10)
Impacts such as noise, odor, hours of activity, outdoor lighting and sight pollution have been sufficiently addressed to mitigate negative impacts on nearby uses;
(11)
The benefits of the use outweigh the potential negative effects to the surrounding area or community.
D.
If the Council denies the special or conditional use permit, the Council shall include in its determination findings as to the ways in which the proposed use does not comply with the standards imposed by this chapter. In approving any special or conditional use permit the Council may impose conditions which it considers necessary to meet the standards of this chapter and to protect the best interests of the surrounding area and the City as a whole.
