M.iBERS of. PLP.n' VINO - fairfaxcounty.gov · M.iBERS of. PLP.n' VINO . colyISSIO?d- _'• ^-o...

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F A I R F A X C O U N T Y

ZONING ADNI TNISTRATOR

E., Russell White

'71 `77

M.iBERS of. PLP.n' VINO colyISSIO?d- _'•

^-o cias i f !..ac a!1,

ie T.- Staub

na 1 C, '7a e'er

TENTSTAILE OF CON

- Title and Preamble

Section I - Definitions

Section II - Establishment of Districts

Section III - Agricultural District 4 -

Section IV - Rural Residence District 6 - 9

'See-,,ion V - Suburban Residence District 9

Be Lion VI -= Urban Residence District

..Section. VII - Rural Business District 11 - 12

13Sec' on VIII- General Business District 12 -

Sec ion IX - Industrial District 13 - 15

16Section X - Non-Confor-ain.g Uses 15 -

Section -'I - General Regulations and Exceptions

Section XII - Board of Zoning Appeals 18 - 23

Section XIII- Enforcement and Administration

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ZONING ORDINANCE OF FAIRFAX COUNTY, VIRGINIA

An Ordinance: To provide for the zoning of Fairfax County into districts; to provide for the obtaining of a permit for the erection, alteration or repair of residential, business, and industrial properties; to regulate the erection of buildings thereon j to regulate the use and size of yards and other open spaces, and to provide penalties for the failure to comply with the Ordinance.

WHEREA , by Acts of the General Asse1bly of Virginia, Approved Larch 30, 1930, (Chap. 427, Acts of 1936) and April li

• ' -1938. (Chap. 415, Acts of 1938) that for the purpose of prooioting the HEALTH , SAFETY, i.,ORAT S , and GENERAL '► ^s LFAî, OF THE COIIu^'UNITY, it is provided that THE BOARD OF SUPERVISORS in any County may divide the area of such county in the unincorporated portions thereof into one or :core districts; may by ordinance regulate the

.,use' o:':'Iands and of buildings and other structures; may provide the locations of those areas which may be used as places of resiaence or in which agriculture, forestry, trade, industry or

'.. other-specific uses, may be conducted; may regulate the height, bulk* and size of buildings or other structures, the percentage, of lend. area which may be occupied, the liniL,ium sizes of yards, Courts, or other open spaces; and may provide for amendments and bha ges. therein; TH REFOi'iE

Be it-ordained by the Board of Supervisors of -Fairfax County; that:

SECTION I

Definitions 21

,;For the purpose of this Ordinance certain terms and words-'are herewith defined as follows:

cords used in the present tense include the future , words in the singular number include the plural nu-:fiber, and words in the plural number include the singular nui:iber; the word "shall" is mandatory and not directory; the word "buildings" includes the 'wa{d':"structure;" and the word "Section" refers to Sections in t1±is.1 Ordinance.

1. Accessory Duildi n^;: A subordinate building on the same lot, with a main building, the use of which is incidental to that of the main building, such as a garage or stable.

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2. Al-ley.: A public way not less than twenty (20) feet, in width located within the interior of a block and intended for rear access and service to abutting property.

3i Apartment House: A building used or intended to be used as a residence for three or more families living independently of each'other.

l4 Building: A structure ha-Vin€ a roof - supported by columns or walls and intende(C_for the shelter, suonort, or enclosure of persons] animals or chattels. When separated by division walls from the ground up without openings; each portion of such building shall be deemed a separate building.

54 Building Set -flack, Line : A line beyond which a building or structure shall not extends

61 Dv,elling:Single Family: A dwelling constructed to accommodate only one family, and containing only one housekeeping unit .

Duplex: A dwelling; constructed to accommodate two families, one above the other with no communication between said- accommodations except as may be provided by a common entrance. ...►

-8. Dwelling: A building, single family or duplex as defined above, occupied as an abode by one or more persons , either permanently or transiently, excluding hotels, apart ment houses and tourist cabins.

9. Garage, public or Private: A building used for the hous-ing or storin g of _ Otor driven vehicles, in which no commercial repair work is done.

10. Guest House: A dwelling used exclusively (other than for. residence by the Occ d ' nt) to provide three or more rooms or rental to travellers or tralsien ts.

11._ Height of Bui ldin^ The vertical distance measured from the mean level of the established curb or street grade in front, of the building to the level of the highest point of said building. 7her e no road or street grade has been established within tv:enty-ii.ve Z `}I i met Of he front Of tre e b 13 1d1 „ the estab? fished gradet sh2fl be construed as the natural grade tiwrenty-five ( 25) feet in froIit' of such buildi ng.

12. Hotel : A build_n; containin: six or more sleeping rooms offered singly or in for hire as te^:porary lodging, with or without meals, and containing no provisions for the preparation .s

J of meals except'that a public dining room with kitchen facilities : map 'be provided.

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A .13+ Lot: A piece or parcel of land abutting on a street,P who s e area, in addition to the parts thereof occupied or which

may. hereafter be occupied by a building and buildings accessory It thereto, is sufficient to furnish the yards, and minimum area

required for coL:plienco with t'iis ordinance. The word lot shall inclide building site.

14. Sid -Line: The side line of a road or street is the right of way lino or property line, c

15. Street: A highway, or road or other public way, ;;itheràccepted by pu75yic £ uthority or used by the L)ublic or d. dicated

on approved plats..

6.- Structural --lt,:rc.tions: my ci_e,n o in the supporting UU11U111G , 5Ue!1 us o earing wails , coiul]ns , oeams or

q,;, 611der8 , excepting such alterations as tray be required for the t '.f safety of tho building.

17. Tourist Camp: An area within which is located one or r:. more cabins for rental, to transients.

18. Tourist houso: Sep;"Guest House."

•19. Trailer Ca,;.p: Any land upon which habitually or frecuently one or more trailers are-harbored and remuneration is recei vod in connection th 3rowith, and shall include any bu11ding, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such trailer camp.

20. Wayside Stand: An enclosed or un,;nclosed structure , with for. without a roof, Which is designed and used for the display and silo of farm products produced in the iiimedi: te- vicinity of the premises upon which it is located. The term Wayside Stand shall not_ include movable tables without a roof.

21. Yard, Side: An unoccupied space extending for the full length of abulldiTig between the building and the side lot line..

22. Yard, Rear: A space unoccupied, except by a building of4ccessory use as nerein ipermitted, extending for the full width of

x=.% the lot between the extreme rear line of th.; building and the rearlot li14 e..

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SECTION II ' 1

1' -#. Establishhent of Districts

A. For the purpose of this Ordinance, Fairfax County is hereby divided into the folloviing classes of districts:

Agricultural Districts Rural Residence Districts Suburban Residence Districts Urban Residence Districts Rural Business Districts Goneral Business Districts Industrial Districts

B. Location and Boundaries of Districts: The location and boundaries of the districts a re hereby tcblish2d as shovm on the Zoning ;lap dated 1941 which accompanies this Ordinance and is her„-byydeclared to be c part thereof. Those district boundz:ry lines are, unless otherwise shovin on the Zoning Map or heroin descr _ bed: either the center lines of streets or roads cr railroads , or linos parallel or perpendicular thereto as noted on said Mrp. The said Zoning Map and all notations , dimensions , and designations shown thureon shall be as much a part of this Ordinr.ncc as if the same wo e Tully described heroin.

C. Lots in Two Districts: Whore a district boundary line { ydividc s n of in : sinfle or joint ownership of record ct the time

such line is adopted, the regulations for th.; 1 ass r--striated por-tion of such lot shall extend not more turn thirty (30) foot into thv more restricted portion, provided th,: lot has frontage on a s'reet in the less restricted district.

D. VThenover a portion of any Business District is indicated o31:;.the Zoning Map as a strip parallel to an op,-;nud or unopened •strd t, the depth of such strip, unless otherwise shown on said map, shall be two hundred (200) fe t in the Rural Busine ss District ^ d wo hundred (200) feet in the General Bus iness Di s tr i c t measured at right angles from th.: side lines of the street to %,.hich such strip is p__ra.llel and = dja_cent.

SECTI ON III

Agricultural District

A. Use Regulations: In any ?.gricultural District no building ' or'_etructure shall bo erg c ed, alt;;rcd, or used , and no land shall. bc•_used, unless otherwise provided in this Ordinance, except or one or more of th.; follow ing uses:

1. Farming , dairy fa..rming , livestock a_ nd poultry raising,

lumber and sr_vrmilling, and all uses commonly classed :_s agriculture and forestry. and uses which arc custom-arily appurtenant thereto, and which are in harmony with the character of the neighborhood with no restric-}dohs as to the operation of such vehicles or lâchih:ry as are incident to such uses and with no restrictions as to the - sale or Ir,-.rkcting of products

,.raised on the promises, provided thet no building or structure for th,: raising, housin or sale of poultry, liVostock or other animals on a commercial scale or sawmill, shall be located less than one hundred (100) ,feet from any street, lot or property line.

2. ,.ny use permitted in the Rural Residence District, and subject to the samo conditions in ea ch case as sot forth ri Section IV, A .

3. Any of the following uses subject to the provisions o° .~_.'J• Section XII.

a. Tourist cramps and cabins.

. b. Signs , billboards and other rdvortising devices.

c. Hotels, Tea Rooms and Rcstaur..•.nts.

.d. Autoiaobilc filling st; tions and repair shops in connection t ;a^rewitil as ),;rmitt;;d in the Rural Business District,

e. T aysid,; stands for t,-,.: sr 1.; of products oroduccd in th;; im:uudi_-.tL vicinity, except t h.- set back required shall be twenty-five (25) feet from t..; n,;.r-cst side line of the street or road or fifty (50) feet from the center lint; whi cliever is the gr.:^tr distance.

f. i:Rincs (includi._g utilization of any ncturirl r,;sourc;;s), quc rrics and gr:vel pits.

B. Height Re ;ulr_'i ons: No hei "U,;4 regulations shall ripply tt in " 1^ d'1Cllii. UTi_1 L1sLr1CL .

4C . 1lr ua R u ̂ 'u l ^_ ti o.is: TI -_' I- I i I11 s i ze of vr. rd s an d o th er

z open spaces including i. i'_. iî i). i _:ium lot area per dwelling s hall be iollotrs , except as provided in Section yl.

:. ' " 1, Lot area ner structure: No sLructuro shall be erected or placed on lot or buildi nF sit. conta_ni^l an cr^r_ of 1, ss than

.;'''"'Ione-half (2) acre , ro; - dod -a larger area i s not required by the Fairfax County Health Unit . The lot shill hrvo width of not

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less than one hundred (100) foot, measur ed at the building sot br ck line.

2.. Building Set-B, cl- Lin;; • Thera: sh^11 be - buildin • set-beck line of not l:s t^:^.ii seventy-five (75) feut from th,: center, lino or fifty (50) feet from they side line of the abutting street, vwhieheyer is the gru ter distance:

3:• Side Yards: T' ere shall be on : r.ch side of every building side yc dE ha ving a minimum width of tw.=:ity-fiv. (25) feet.

Rcc.r Yards: No Prrt of a building shall bo crectod ith-in, t ionty five 5 foot of the rear lot line.

5. Corner lots and corner cle:^ranc ,; shall conform to provisions prescribed in Section XI.

5LC 1 IUI, IV

Rural Residence District

r A. Us; Ri gulatioa s : In Rural Residence District no build-ing or structure s l 1 -rected, ,:ltor.;d, or used, and no 1pnd shell be used unless; oth,..rwise provided in this Ordin,7-.nce, except for one or more of th,: following uses :

I. Sin; 1e family detached dwelling .

2,. Th;; office of a r - sident ru_lnb r of a r e cognized profession. :.per .th ' an undertaker or_ morn aia-n, -When' ^si'frued in

the saes building used by such practitioner as his or her private dwclliei,-, provided that no name plato shall be displR:7od exceeding one (1) s q. It. in area, contain-ing the name and occupation of the resident on the premises.

3. Customary home occupations provided that such occupation shall be c:r `c,.ged in only by r._:sideilts on the premises, provided s -hail be no disDl,•y th_-t will i ^?dicc:te from t h ; exterior that tl:;; build i_ar? is beinr utilized n wholae or in pa t fro th . i t1 dlliany pu rpose oerân aweng; ,

other than as permitted in p_araLra ph 14. of t_iis Section.-

/,.: Tourist homes for tno acco=- ._-od;-_ti on of the tourist public and op erc.ted in a dwelling by tho occupant, provided that such operation sh:al ?_ be subject to the approval of the

'.^ Fairfax County health Unit.

. 5. Churc hes and ot_ier places of. worship , including, parish • houses and Sunday 3c-'cols.

6. Public and Parochial Schools, oublic libraries, public museums , public art galleries.

7. Private garage which shall not be used to house more than two vehicles in excess of those used by the residents of the ,premises onwhich the garage is located.

Private stable we icii shall be used to house only such vehicles as are permitted in para'_raph 7 of this Section and to house not more than two (2) horses in excess of chose used by th e residents of the premi ses on which

the stable is located.

`.9. Private sum--rer cottages, or cabins aiid recreational campk.^ `

_ ^_ounds to be occup ied for a portion of the year , but

not including tourist camps or cabins.

10. Public and private parks, recreational ereas and resorts, including golf courses, swimming pools, and boating facili-ties, together ..Vith structures accessory t.iereto•1

r - 11. riding stables and related uses, provided that no ;. structure shall be located less th an o_ê hundred (100)

feet . from any street , lot or property line:

12. Tuck gad?dens, nurseries and greenhouses, inc luding

en office.

rovided that any structure or premises devoted to such use shall be located not less than one hundred (100) feet from any street, lot or property line.

ft. in area appertain-14: A sin not more t:Ian ten (10) sq. ?ng to the sale or lease of the premises upon which it is :located , or advertising only services or accor:-odations available on the promises, or agricultural, or farm pro-

sR .ducts which have been produced in the i::i:zediate vicinity, provided that such sign shall be diEtplayed not less than

fifty (50) feet from the center line of any street or road.

15. -Any of the folloiring uses , ,arv_itted by the Board of 11p eals as provided in Section XII.

Cemeteries

Clubs and grounds for games or sports, -provided any such use is not oriLarily for gain.

d. Lunieipal recreation bui?di_.:,s, playg1ounics, parks, and at -t.letic fields.

Community buildings.

- ._'I - f. Hospitals or sane -.ariums, not i et, ing con agious d iseases and not for tie care of epile? ti c or drug or liquor patients charitable institutions which are, not of a correctional nature and which are not in-tended for the cure of insane or feeble minded patients; provided that any building so used shall be set back not less than one hundred (100) feet from any lot line or street line.

g. Buildings and facilities whlica are used exclusively by the Federal, or State or County Government for public purposes, except penal, correctional institu-tions-, incinerators, se\Ja6e disposal plants or similar objectionable buildin,sôr facilities.

h. Railroad, trolley, bus, or boat passeng er stations, and airports, or landing fields, but not including car barns or garages. Railroad rights of way and tracks, but not including railroad yards and shops other than for passenger purposesi

i. Static transformer stations, transmission lines and towers, and telephone exc._anr;es, but not including service and storage yards.

J. Tea Rooms and Restaurants.

- -D'; Height Regulations: No c•îldin; hereafter erected or structural? y a- leered s i.all exceed three (3) stories or forty (40) feet,- except as provided in S.;ction ,ill. -1

C; irea Regulations: T ' .3 vii.3i::ur^ size of yards and other open :spaces including the :.ini_ium lot area per dwelling shall be as follo:Js , exce2t as prov ided in S :;ction XI.

1. Lot area per structure: No Lr uct,are shall be erected or placed on a lot or building site containing, an area of less than one-i.alf (2) acre, or a lot less than one hundred (100) feet wide, provided a lari;er area is not required by Fairfax County _: ealt,.i Unit, measured at the building se t-taco line.

2. Building Set-Bach line: There shall be a building set-ac line of not less than seventy-five (75) l :ct from

the center li,ze or fifty (50 ) r, -'ron the side line of the abuttin-I street, i hic :,_ evar is the greater.

. Side Yards : Ti_e s _r.ll be on each side of eveI y build-ing a side, yard navin; a r ininum width of twenty-five (25) feet.

Rear 'z^:::s. _ o -rt of a buildin s :all be erected

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within Vienty-five (25) of ...._e rear lot li.ae.

5. Corner lots and Go1:::;^ Cleo..rE•nce re ;ulctions shall conform to prosi.sions prescribed in S c:: XI.

SECTION V

A. Use R6. i 1^..tions I:^ a Su. h ..1 0 .. R_ : i .: ...ce Dig:-,.. _ct no buildiag or s tructur. e shall be erected, altered, or used, a_ld no land shall be used unless otherwise provided in t_?i s Oro_ . _tce except for one or more of the followl.;i- uses:

1. Al % Esc perr,.itted in t i le Di_-.'11-rict and subject to the sa.ne condition i.i each case as set forth iii Sec t ion IV, A.

B. Kei;;:it R-3? ;ulaticns: No build ?.ig in e. Subur . )an Residence District hereafter crected or structurally altered s " lall. exceed three ( 3) stories or fort;- (40) feet, except as provided in Section XI.

C. Area Rc uletio_i^ : The rinimu_:i size of yards and other open spaces i11c1 :^:1 c ; tie lot a.^ a per dwelling shall be as follows , exce )tc as )rovided in 3ecti_^n XI.

1. Lot area Per structure: No structure sill be erected or placed on a lot or bu ldinL; site co 'i;a:±nili;: an area of less than ten thous: nc: (].0, 000) sq. ft. , provided a larger area is not required by ti.e Fairfax County : ealth Unit. The lot she ll ihav. a of not less tail sixty-five (65)

feet, measured at t_.e building s; beck line.

2. Building set-back There shall be a buildi:ia set-back line of not less than fort- (40) feet fro:d the nearest side line or sixty (00) feet froi:: t.:e center line of the ab itti:i; ,ttraet, whit,-ever is t.:e ,;r eater distance.

3. Side Yards: Then e shall be on each side of every building a side yard .:avi,ic: a •.Jidt_i o. fifteen (15) feet.

4. Rear Yards : No p .rt. of cbuildi 'ir shell be erected within t1' u lty -f i_ve (25) feet 01' a rear li.ie.

5. Corner Lo ;s e -,d C cr _i_-r C1-_- ere ice re._uleti ons shall conform t o rovis_ons -'r3scIitiod i'i c'ccti on _I.

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SECTION VI

Urban Residence District

A. Use Regulations: In an Urban Residence District no build-ing or structure shall be erected, altered, or used, e!,d no lend shall be used unless otherwise provided in this Ordinance except for one or more of the following uses:

1. Any use permitted in the Rural Residence District and subject to tiie sass condition in each case as set òrth in Section IV, A.

I B. Height Regulations: No building hereafter erected or i structurally altered s:Tall exceed three (3) stories or forty(40)

feet , except as provided in Section XI.

C . Are a Regul a ti ons: The mihi s ize of yards and other open spaces incluuirig t:ic minimum lot area per dwelling shall be as follows except as provided in Section XI.

1. Lot area per structure: No structure shall be erected or } placed on a lot or building site containing an erca of less

than five thousand(5,000) sq. ft., provided a larger area is not required by the Fairfax County -Health Unit. The' lot shell hav e width of not 1 ass than fifty (50) feet, measured at the building set-back line.

2 Building setback li::e: There shall be a building set-hack lint: of not l.:ss t-,--an tvwen ty-five (25) fact from the neer.:st side 1i:.- or fifty (50) feet from the center line of ti,a abutti_v. street, wi:ic:h::ver is th r rcater distance.

3. Side Yards: There shall be on each side of every building a side yard h-eving a _.ir.ir:llun :°ridth of ton (10) fact, .-::cepu that suci: src•a Y'-.I-CL _:ey be r^.;duc - d to not less t:-:an seven (7) f::.t, pro,iidcd the si c!e walls of any buildin so locat..:d are of fii-ecroof co_istl•ustion and provided furt ? ;r that on no lot ender separate and district p fl o; ec je.c< :,t lcts aria of record at thhi;: ti_ _e of )asses of this Grdirence shall the buildable >>idt', be r^^^,.:ced by _is rageir^ ;l rat to l.;ss than Von _-_.ty-four (24) f iet, or tint: side yards to less tha!i five (5)

4. Rear Yards : No pert of a building s,--; ll be erected within tw my-i i vo (25) f,--t o-' 4 r ar lot line.

Corner lots 4.id corn s cl a;ie_ r : shall con-form to provisions prescribed in Sec --.ion X-I.

SECTION VII

} Rural Business District

.^# A. Use Regulations: In a Rural Rusin: ss District no build-. ,qj ing or structure shall b.; . rected, altered or used, and no land ? shall be used unless otherwise provided in this Ordinance, except

for one or more of the following u:-,us:

1. Any use )..rmitted in the Rural ?t•_:sid;; c Dis tri_ct and subject to the same couidition iii each case as set forth in Section IV,A.

2. Tea Rooms, ResLc.ur nt.s, Tourist Ca,-as and Cabins.

3. Any retail trade or s,.:rvice, provided tot no industry or manufacturing shall bo p-,:;r;:litted cnxcept the making of articles to bu sold : xclusi vela- at retail on the premises.

No building or land shall b, used for the follow-ing:

a. Carpet , run, or bag cleaning.

b. Dyeing and ci, .: c,nin-; works o;e loyir^g ,: or than five persons in t;o p- ocess.

c. Any use prohibited in t::. G , ne r^._t Business and Industrial Districts.

4. A private or pi_bl is garage for the ' iousini ; of motor vehicles.

5. A private stable shall b.; used to house only such vehicl e s as ar e permitted in Para ra.oh 4 of this Section and only such : ors e s and hor3. d1 a.wn ve _icl.: s as are used by residents of t±.e or used in conaect.io_n with a business cony e_c t.'d on _is.:s on . hi c1? the stabl is located.

6. Auto._obi1e f i l? s t_t_o Wit'1o'aobi le r epair sho s in conn ecti on a fii li il: to or or minor repairs, and not .:ou1_iDed .:rt:_ motive in excess of -tun horse poi _r, pro L'i d _d furth er.., : v ^g..- a tM n o S ._orn

of wrecked cars, or a wrecking of cars shall be permitted on the premises.

_ H eightei^;l;t ,o.Is No v-ildil _- hi t e roa- ,:.1 erect e d

structurally altered s _al. e._ce ed .;.: (3) :trie s or fort- (40) r. e r 7 or

root, exccpv as prow="'id in .Section 1_1.

C. Area Regulatio n s: Except for a builC^ i:.; occuei•_d in whole

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4 or in part for residental use, the r.ininul: i size of yards and other open spaces shall be as follows exce,A as provided in Section XI.

1. Building set-back lines shall confor:-l to those estab-lished in t::e Rure,l Residence District.

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2. Side and Rear Yards: Side yards shall not be required and rear yards shall not be less tan ten (10) feet in depth unless an alley is -provided, in which case one-half (z) of the width of such alley shall be countedI as part of t..e rear Turd; provided ^..owevei , that no building in t,ie kural. -'usiiiess District shall be located a lesser distance fiòri any lot or property li.le lying in a Residence District t,ian the side renuir-ed in such Residence District and t`^r t such -rd requirements in the Rural 3usi. ess District s'1 .1l, i_i the case of auto-mobile filli;lf; s'..eetions, reps l?' and public E..ara^;es, be Llcreasod by not less thail twi'i,cy-five (25) feet.

3. Corer Lots and Corner Cl:.orence re ulr tions shall conforr: to t;.o J. ovis1 o.,s nr-- 1^ c' -1 1oe in Section Y.I.

All buildii^s co 7ia i_1in r^ s.identi 1 :':-fits s:.all conform to the area re? ;ul3tions in t_!c r.:sident ia]. or a; rict?ltur^ 1 district surroul ,d :.,^ it.

SECTION VIII

General ^^lsi . css Di strict

^ f ; '•A. U s e Re, u l eti ,-..;s Ii a District no buildi 1; or str 1 ct _r 5__`11 b ur :c _ d or us3d and no land . sh .11 be used unls oL .... is.3 r'ov _e d in t_-.is 0rdnE31ce, exce?t for one or u.:;>s:

4 i 1. Any use r..:itt•_:c1 in the Rural DW-si:ies s District, and

subject to t.- sa^_3 oo;:diti.: 1 in _ c C.se .'s s 3t } forth -i--1 IV, A, I

2. hotels and ':ous :.:s

3. Theatres, ss ___ly ;ills al-16 -:i__ilar places of ]colic c:lterta i.1-Zt ,

4. Banks or of f ices.

5. my 1e tacde of s rvic that iio i ndustry or ; :: c s ; ] ', .7 t c

he o_ a- -s to b

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No builds_;all _) us, .; d for t ? . ; $ ollow+

a. Car-):it , T:u;-• or bar

b. i);;_•,ing a:id cleaning w,-: rks or1p1 o;rif:g fl ore tlion Live per'5:711 : in t• ;;

C. )'iIJIT use '?i -)hiL;ir, C: i :-i t•_: i 1:1 ,.ri 1 Di st2i.ct.

i ^. 1i i! .lt 1t _ll.1stlO:iS =- t _ _ i J' ,î,•.;d or

) T, r t. Ì (40) uxe apt a s it i;r id:; d i 3Dctio.: XI.

structurallys a l . . i • d S-';u c ^. > .•: d (3 r, ol• i c s o r

1 i3lli_ldl:i ; S ablis'c d

in' t:: , Urban it• .S :tt.î=c^ Distf'ict.

2. Side 2.ii d R. ar - : d s : S id a Y:.rd _ I not be r. a uire3d, and rc..F:r Jr'.. iCS ,1 toil (10) t In depth unl : s -:n all ey is ^ I(ie'-• , i.i WI-tic-7.: ci. se one-half ('-:) of of s uch o11. 1- u"l1 "^:. coy ltod r:s port of t - r _1 _c.r y, ,rd; pro:*^ d d 2 , trot no build-ilig in Thu C;?il:ri:l` ' .SL1;;iTi SS Di- -ii-_T, b^3 loco tod a l ,s^ ^r ili:.t• ne e fro aii`r lot or l)i J!-)•-rty line lying in a Rssici; ice Elistrict , zc c.i4t ;.: ch r _rd r::c^l}ir =_^:nts iri

{^ till ^'i .:ilcr _ .l ^•t1S -a . ; S 1)1Sti i^ t s ..;11 , iii T l C£: S of autC-Dobilc f i i li __l r -pa . i r _. -I.-) aid -)i,bl _c F'ara:-os, be i lc _ r.s: ci by not 1.;ss t ':1c:: V';._.ty-five (25) feet.

3. Curn ;r Lo ,s r ld Cc1 _i ..: ^: Clea:r^_ z. r ons sh 11 con-fors i to t_:• ^^ra - i : i ^ _:r esc. r i'^:. d 1 '. 1 Sec ior_ XI.

11 builui a c0:_::_:? :tuc:]its s:.oll conform to t;-le provisions pi-eser • ibed for a rea j.i t._e iTrbarl residence District.

SEC`?IO-.,T: IX

Indu^7:tr-ial is^=•ict

- A. Use R _zll^ t-_ct;_s In :illy I:i;_s cr i i.l ictr_ct•, bu-lcirl ;s or land nay b, us:cl _'or my pur:)osJ not by Grdi nano : titi it_-i_ r'airf .x County, pro7i.c L.d, any

'; of ttli u S. S ilre not c o i^•rol ei e-:-11T County

Grd i ^C::`', S'ue',: L S :S S -1 1 2 .:C j r:.l of V Bo ^r, ^: J >- and of Supervisors of Noirf:, Co'nity or. soli is5.i:Oh of a report and rucomme.'l:.̂ ti oil:; to Se_ i d 3o rd by t'_le Fo irfai_ County Planning CoT.ission, _^-ovidc-:_ _ui"t_..:-r, t._ no use s all be establisi:od __ùscr_d (2,000) feet, of an;' R:;sidence District or iu_.dr-_d (j0O) -' et a:7-,- 3.--__eSS Dis-

trict..

1. Abattoir. -2. po.adL:r, or cnlori.1:_-. {1^._lu; CCtur e.

i

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3. Ba,^-cleLninr establis',l,e--it. 4. Blast furnace. 5. Boiler '.forks 6. Distillation of coal, wood, bones, or tar. 7. Distillation of Turpentine or vTrrnish. 8. Emery-cloth r:_anufacture. 9. Fertilizer Lanufacture.

10. Fireworks or explosives :.:a:iufocture or storage. 11. Fish canning, curing, or sr:ok.ing. 12. Garbage incineration other than in municipal plants or

incidental to the operation of 1),t--ls, restaurants, apartment mouses and dwelli_._r;s.

13. Glue, size, or gelatin r_anui'acture. 14. Grindi_ g, coo};in_, bo:ilinr , r^;nGerin:_;, or storing of

slaut-hter house refuse, or ani,â3_ refuse or rancid fats, or refuse of dead ani. als.

15. Iron, steel, or eo,pp.:r- works or foe. d; des. 16b Lire , yosum or ola.s i er of p .;r is ^ _eriuf acture. 17. Manufacture of concrete or i-io.rtar. 18'^ Petroleurs: or asp:;a.lt refini nr; Or ,:.anuf tcture. 19. Pyroxylin or c,:lIuloid manufacture. 20. Pulverizijig of c:.arcoal or coal. 21. Sewage dispo al plant.r 22•. Srl:eltin; of iron. 23. Soap i.ianufacture. 24: stockyards. 25. Sulp::iiric, nitric or _.^ droc':loric acid :nanufactu..re. 26. Tannin, curing or sto--age of r1a ?-_ides or skins. 2^. Tetra-ethyl lead ypioci-Atat or ligiid _:an^_ufacture. 28. Vinegar ^ a-iufactiire. 29. Wool pullin-, and scou inng.

30: Yeast plc..nts. 31. Any ot;:er s-L-ilar use it-.ic., in t e ODi_iion of the Board

of SU_.2ervisors ii `-it be injurious or _îoxious by reason of odor, furres, dust, smol:e, vibra6-Lor., noise or o:,:ior cause.

B. Height ceùl at ions: No building ',.er -rafter erected or structurally âl .ered s:_all exceed t _ree (3) stories or forty (40) feet in i eit ;l.t, es cei t as ?row. idea i n Sec ticon .XI.

C. Area Regulations: Except for bui=. ei. s occupied in whole or in part for r,2si da,iti2.1 use, t::e size of yards and other spaces shall be as follo:is, unl, ss other.wise provided in Section :r.I.

1. Buildi.it. Set-ia.cl_ Lin s: scat- ;ac _ lines shall co.:f ern ^ ^C,^' - --era3 usiness District.

f

2. Side end _a Y ._. c . yT _, ..s s 1_e1l no â required end r, ar yards s :.e.l1 _.ot b-j l- s'3 -.-_.:^ _^.n (10) feet in dep:.h,

I

unless an alley is proviCied in which case one-h,-if (2) of +e V 'dth d t yhJ of. suc h alley I.,ay Je couJite as pa, o f t e rear yard; provided, however, that no buildin, in the Indus#-trial District shall be located less than one hundred (100) feet from any lot or pro-)erty line lying in a Residence District and not less than fify (50) feet from any such line lying in a Business District unless permitted by the Board of Zonin Apoaals as croviued in Section XII.

3. Corner Lots and Corner Clearance ref;ulgtions shall con-form to t;,.e )rovisions prescribed in Sec-,ion XI.

All buildings cont a in i _^, 1 e ti c l u n it s sha ll c o n form to the area regulations in the Urban Residence District.

SECTION X

Iron-Confor; ping Uses

A. Continuation of Non-Confornin , Uses:

If at the tine of e nactr : --It of this ordinance, any building, structure or lend is being used in a c ar(-eter or manner or for a purpose or is in a location which does not conform to the provi-sions of this ordinance and which is n:-.t prohibited bj sore other ordinance , such ch, ratter or , .anner of use or :Jur•-pose or location as then existing riay be continued, and no cli&n,Ce of title or possession shell be construed to )revert the non-conforn in;, use of such building,, structure or land as _:; rein'•aaforc provicisi..

B. Termination of Non-Confor_ ling Us.os:

Ilo building , structure or Band in which a non-conforming use is abandoned for a reriod exceeding one hundred eighty (180) days , or is superseded by a per;:fitted use s! : bsegt.'Eent to the enactment of this Ordina _nce, si_all c . :,ai be devoted to any prohibited use.

C. Restoration After Dama-c.

Any ;IC_i-cow=cr i _lg str:_e iur. , or land ti? =ich is hereafter d ^_c..; d to an er t -:,:; __t . s c c3 3d i _.f f i f-L• ^ 3. (50) per cent of its then reproduction value, ;;;:c7_:_! Siva foundo• on, by fi r9, flood, explosion, ert!1uue.1, '.•?: r, rio', storm, or s --coiled Act of God , i_2J not be r _s toraed, r•_co_^ t.ructt d, or used for any ot'hcr purpose than a purpose p< r- fitted u.:d; r t e n, o3v- si. ns of this ordinance governi.. 6fi.; dis ict, in 'a_.i c:h t?i bui iding, structure or land is located, i;xc^:pt ah r;, t• ^^ floors ;nd/or folncction walls of a;ri cultural bui l d ii-s aru or other masonry cnd not are ctical to move, or if the n:;n-cor_for:-di n-c location is nec essary to _.o _ -q I- _zr e is of t1?e other e-,:i is t v i

l}

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tions of t'ae County or of thle District of Colw bia ' ealth Departiuent.

D. Nothing; in this Ordinance shall prove_nt such structural alterations as iay be necessary to restore to a scfe or lawful condition any part of a buiidinu or structure declared unsafe or unlawful by any duly authorized County Official.

SECTION XI

General RcCulations and y'x_ce )tions

Hei-eht and area require,:_ents s :all be subject to the follow-ing regulations and exceptions:

1. Barns, silos, chinneys, elevators, tanks, Sires, and towers not used for ;itu_ari habitation may extend above the height limitation bereLa fixed. Parapet walls and other sinilar unused projections may so extend not to exceed five (5) feet.

2. Building hei;; .ts as pr; scribed in this Ordinance may be increased provided that a building s:Iall, in addition to its yard require.nents, set back from any street or lot 1'_ne one foot for each foot of excess iiei.s:it over forty (40) feet, provided that no dwelling shall exceed forty-five (45) feet or tLr•ec and one-half (32) stories in 'iei :_t and no buildin;; not a th ellin,; shall exceed seventy-five (7.5) fact in height.

F 3. 'Except as scecified in this Section, sot-backs and ,cards

required by this' Ordirieace s',-.all be open and unobstructed to the sky;

4. Cornices and eaves r:iay project not to exceed three (3) feet over any minimum roquir-ed yard provided that any such pro-, jection shall not be less than two feet from any lot line.

5. Sills, lead: rs , belt course s a'd si ._ilar ornamental features may project twelve incl es over any :card. An

t open fire balcony, fire escape or fire tower r,ay project five sfeet over any yard.

6. A bay window, oriel or Balcony w ich is not rare than ten 10) feet wide may project not more than thr=ee (3) feet into any

front yard or side yard, provided it does not cczie nearer to the side lot line than seve.i (7) feet and not more than ten (10) feet

( into any rear yard, provided it does not co;:e nearer to the rear blot line than fifteen (15 feet.

7. Any building shall be required to set _acc from a street beyond the r ec ed set-back line t e s.e __ .,___ee as .e set-; -

iback lisle 0L-;served by t1: at one, of two x1suin, ouildin .,7s on the

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©diate adjoining lots on-either side, which is nearer the '3treet centerline, provided, however, that no building shall be required to set back more than twenty (20) feet from the set-It,tack line prescribed in the District in which such building is located.

Set-back and yard requirements shall not apply to any necessary retaining wall or to any fence or wall which is less than five (5) feet high, except as provided in paragraph 10, provided nothing herein shall prevent the construction of a rear

fline fence or wall to a height not exceeding seven feet.

9.-The set-back and yard requirements shall not apply to terraces, steps and uncovered porches which are not in any partT. :."ore than four (4) feet above the floor level of, the first story and not within ten (10) feet of any party lot line.

•Uncovered porches, or covered but not enclosed porches, may -project not more than ten (10) feet beyond the front wall of a

"I.-building into the set-back area in any Residence District.

10. For the purpose of safety of travel on streets and high-:c:ays, buildings on corner lots shall observe the set-back restric-lions on the respective streets on which the building is located, provided that within the area formed by the centerline of the intersecting streets and a line joining points on such centerlines at distances from their intersection as prescribed below, there shall be no structure more than three and one-half (3z) feet, or other obstruction to vision between three and one-half (31) feet

J and ten (10) feet above the curb or established road grade:

A. Two hundred (200) feet in the .F ,r cultural, Rural Residence and Rural Lusiness Districts.

B. One hundred fifty (150) feet in the Suburban Residence District.

C. One hundred (100) feet in the Urban Residence, General Business and Industrial Districts.

11. No yard or other open space provided about any building for the purpose of co:uplying with the provisions of this Ordinance shall be so reduced as to be less than herein required or shall be considered as providing any part of a yard or open space for any other building.

12. Accessory buildings permitted by this Ordinance shall be placed in side and rear yards only, and shall not exceed twenty-five (25) feet in height except as otber,%ise prcvi ded in paraeiraph 1 above. The aL.greàte Lrou.ind area ceve= •.;d by accessory buildings in Residence Districts, i__cludin, t'-le round a_ C:)7?-,-red by any projection or encroach-=gent flercinbefore rer__ v; ec , s a± l not cfcoed thirty (30) per cent of the respective :card area upon which the

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;accessory buildings are built.

13. In any District, any dwelling, including a Dart:nent houses 1and hotels, shall provide on the premises gara,e or parking space to accommnodate not less than one motor vehicle far each family unit contained thereon, together with means of ingress and egress

) to e street or alley, so located that dangerous traffic or other-w ise objectionable condition will not be created. In any Business or Industrial District where a lot is used in whhole or in part for business or industrial pur_ oses, parkins space for :Liotor vehicles while being served or while parsed in connect; on with the conduct of a business or industry shall be Drcvided on the premises together with safe and satisfactory weans of ingress and egress

^..: to a street or alley as provided above.

14. In any district the lot coverage of a hotel, apartment house , tourist hone or any other -,nultii le dwellin unit, shall not exceed twenty-five (25) per cent of the total circa.

t

^ ̂ SECTION All

Board of Zoning Aneals ,^1 ► ^^`'1

A . Establi sh: ient : A Board of Zoning Appeals is hereby established. The word "Board" when used in this Section shall. rnEan the Board of Zoning Acoeals.

B. Me_zbershin: The Board shall consist of five (5) ilembers appointed by the Board of Supervisors of Fairfax County; whose

Ii compensati on s h al l be fixed by the Boardfo E ridup evsors an shall c ontain one (1) _1e:.hber of the County Planning Co ,ssion,

s and four (4) members other than. paid County officials, who are residents of Fairfax County. The tern of of -,-'_ce of the me: bars

'I of the Board sh all be for five (5) years, e cept that the five (5) 1 members first appointed shall serve ; respectively, for ter-as of:

one for one year , one for two years, one for three ;Tears , one for t` four years and one for five years, and thereat per me::,-.b ens shall

be appointed for terms of five (5) years each . Two . e_,bers soappointed shall at the first ,:eeting in January of each year of said Board be elected'lected as Chai?r ._an and Vice Chair-].an, respectively,

1 by a najori ty vote of the entire _,e_;:boe_•slhip of the Board. Tire board s11'a3.1 appoint a Clerk whose compensation shall be fixed b y

t; The Board of Supervisors.

C. Ap;heals : Appea l s co the :oar ma,r be tat c n by any person or persons a^;grseved, or t'-,ear a ,eats or by any officer or a{ encyof Fairfax County affected by any decision of the Zonir_` Ad ainis-trator.

D n i„ oGe__ ral -oz-:ers and mt:ties:

1. Hearings : ^.'henever appeal is Blade to the Board, said

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Board shall , within thirty days, publish a notice of the time and place of a public hearing on such appeal, in a local newspaper of general circulation in r airf ' ax County, not less than ten (10) days before such hearing. Addi-tional notice of such hearing shall be Given to interested persons and organizations as the Board shall deem practicable. The Board shall hear all parties interested or affected.

2. No order of the Board approvin` the erection, alteration, or use of a building shall be valid for a period longer than six months, unless:

a. A building permit for such erection or alteration is obtained within said period and such erection or alteration is started and proceeds to co.npletion in accordance with such permit, or

b. Such use is established within said period, provided, however, that where use per-_nitt.ed is dependent upon the erection or alteration of a building, such order shall continue in force if a building per.ait for said erection or alteration is obtained and such erection or alteration is started and -proceeds to conpletion as provided above..

3. Upon appeals, the Board shall detei:-iine the exact location of a District boundary line as defined in this ordinance, where there is a dispute.

4. Upon appeals, the Board shall inter".-a--et the words of this ordinance where there is a dispute ,-.s to .-caning.

5. The Board shall not have the power to wend any provision of this ordinance or map.

6. The Boad shall wile a record of all -'I'ecedings settin;, forth the full reasons for s _ eci sicn_s and the tote of each me:.:,-,ber participating therein. Such record shall be placed on file and shall be o_aen, to public inspection.

E. Powers relative to Decision of t,r';ni?_ist.rative Officer: The Board shall hecr and decide appeals where it is alleged by the

•.^. appellant that there is error in any order, reeuire:,.ent, decision, .+' determination, or refusal made by the Zoning' Ac= i _1i str atcr or

..-. raj other ad:_inistrctive official. or body in carry in out or enforce-ment of any provision of this Ordinance.

s -

F. Powers relative-to Special E ce tions or Other Srecial Questions : Upon appeals, the Board is hereby empowered to grant

i

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r•oquests for the following special exceptions when in the judgment • oY the Board such exception shall be found to be in harmony with

tho general purpose and intent of the zoning regulations and maps end will not tend to affect adversely the use of neighboring property in accordance with the zoning regulations and map.

I 1. Permit in the Agricultural District one or :Wore of the

uses set forth in Section III. A - 3, provided that when such use is located within 1000 feet of the 3er.terline of any Federal or State Highway or other sti•E-et it shall be subject to the following standards and ;oi.di;,4_uns to pro-mote the safety of travel, elininal,e or ?.essen tra°z i c hazards-and conserve the investment in sû.d highways and streets.

a. That any building for such uses shall have an additional set-back of forty (40) feet more than. the set-back for other building not involvil,g service to the traveling public, said additional set-back to be for the purpose of providing n(,,nupsary drive-ways, approaches, parking space, etc.

b. That means of ingress and egress to the highway shall be so located that dangerous or otherwise objectionable conditions will not be created.

c. That auto-mobile filling stations and repair shops shall be so far aspossible located in co.npact groups so as to prevent the undue scattering of such uses along the highway with consequent hazard to the traveling public and impair,:ent of the natural assets of roadside areas and their future use for residential purposes.

d. That no commercial advertising sign , billboard, or other such device shall be located less than five hundred ( 500) feet from the-center line of the abutting highway, or street.

e. Permit in any agricultural district amines, quarries and gravel pits, provided that th e Board of Appeals shall find that the location of such use will not tend to pre jud?.ce the i ltima-Le development • of the property in ac. -)rclailce with the zoning map, and that the ground s, i1._ a':e s^ used shall he left in a safe condition , p-c,,erly dd,lair_ed either upon trrnination of per: t. cr o o j.erations . rrovided further that no suc : pe,-__.t?L shall be reoui i ed for any such enterprise z:ner: the -ci oduc-cs thereof are to be used e .ciusively on the ;revises v . e owner or occupant.

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J i 1

Before granting any appeal under paragraph F-1 of this Sec-s tion except those relating to signs, bill boards and. other adver-

t1sin.g devices , the Board shall refer the same to the County Planing Commission for study as to Whether a new rural business

s!= district or the extension of a present rural business district is "{..^ advisable and needed , including the site and vicinity of the pro-

posed roadside use and the need for accoLv odating other business uses primarily sei,ving the agricultural population. The Planning

1 Commission shall thereupon make a report to the Doard of Super-visors who shall then consider the question of amending the map

=,y by the creation of a new or extended rural business district if and as recommended by the Planning Couunission.

"1 2. Permit in any residence district any of the uses listed in Section IV, A - 15, provided the Board shall find that the location of such-will not tend to retard r i th t f t Bevel t of theW 'pair e presen us e or u u .L opmen district for residence.

3. Permit, if no structural alterations are made, a non-conforming use of a part of a building to be extended throughout the building, provided the Board finds that such extension will not adversel affect the use or

ydevelopment of neighboring property in accordance with the: zoning regulations and map.

4. Permit,in an industrial district, a building, closer than one hundred (100) feet from any lot or property line lying in a Residence District, or closer than fifty (50) feet fro::- such line in Business Disti;.ct if the building: is to be used for purposes which will not tend to impair or detract fro:; the use of neighboring pro-perty in accordance with the zoning regulations and maps.

G. Powers Relative to Variances: -There, by reason of ex-ceptional narro-viness, shallowness, shape or area of a specific piece of property at the ti Tie of the enactment of this ordinance

i or by reason of exceptional topographic conditions or other ex-traordinary-and exceptional situation or condition of such piece of property, file strict application of any regulation in this

} ordinance would result in pecul i ar and e-- cepptional ?ractical dif-

fi culties to or exceptional and undue hardship uron the owner of

such property, the Board shall have Tpoww:er•, in passong on appeals, to grant a va_ 1ance fro: suc strict ap location so as to relieve such difficulties or hard^hi-cs, provide:' such relief -:ay be granted without substantial detriment to tie public good and without substanially impairin ; the intent and purpose of the zoning map and zoning ordina_ ice;

FRO%T EDTD , t_^',:cver, that no provisions of this o - finance

respecting the size and shape of lots s,,ai1 effect in any way the size end shape of lots either in plats and subdivisions of record

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prior to the date of adoption of said ordinance, or the size and shape of lots e".1braced in deeds executed but not of record as of the date of the adoption of this ordinance, or the size and shape of lots 'heretofore sold under contract, on which no deeds have been executed and recorded as of the date of the adoption of this ordinance, irrespective of whether or not the plat of the proposed subdivicio_1 in which any such lot is situated or the plat and survey of the land of which any such lot is a part has been placed on record.

H. Rules of Procedure:

1. Meetings: The Board shall hold at least one meeting each month in the Fairfax County Court House. Three members of the Board shall constitute a quorum of the Board but a le ser number may meet and adjourn. All meetings shall she -public and all records and minutes of the proceedin`;s shall be kept in writing by the Clerk.

2. Cases before the Board: Each ay,r--)esl to the Board shall be made on the appropriate fora provided by t'!'ie Board, and all information called for by such form shall be furnished by the appellant. Any fee required by the Board of -'3!znervisors for an appeal shall be paid to the County Treasurer, who shall issue receipts in duplicate therefor, one copy of said receipt to be filed with the ••-.`.oard at the tbie the appeal is i iled.

3. Priori t òf Appeals shall be heard in the order in which they are filed, except that an ap- eal may be advanced for hearing by order of the Board for Loot: cause shown. A calendar of cases to ' be heard shall be kept by the Clerk in their proper priority.

4. Action of the Board: The Board shall act by resolution in which a majority of the members present shall concur, provid-ed the members. present cogs : o _o_u 1. c_ resolution shall contain a full statement of the reasons for the decision and other action of the Board, and said resolution, including said' statement of the-reasons, shall appear in the minutes of the Board.

5. Conduct of =_ea_i x s : At a hearinz; the order of procedure shall be as follows :

a. Appellant's side of the case . The a^^llalt may be repr, êntet ty an attorney or a,--el_ the: absence of either :;ho c;r)-)cllant not 'or his e, 1 L J tive , _ce having been ì ven, ..the Board _may, i n = its d ? scrzion, proceed to dispose of the case before it.

b. ZoninZ, Ac___ifl s irator's or other Count, official's side of the case.

c. Interested property o::nler's or other interested person's side of the case.

23

.

d. Appellant's rebuttal.

ti 6. Rehearings: A rehearing on any resolution of the Board

ma be had only upon the- affirmative vote of not less than three (3) members of the Board, L)rovided a raotion for rehearing is made not later than forty-five days following the date of such resolu-tion. No ?motion for rehearing shall be entertained unless new evidence is submitted which could'not reasonably have been presented at the original hearing.

Any appellant whose appeal is denied may institute a new appeal not less than six months from the date upon which the Board took action upon the previous appeal.

SECTI ON VIII

Enforcement and Ad-:linistration

S 1. No building shall hereafter be constructed, erected or

structurally altered until a building permit for such construction, erection or alteration has been issued by such officer as may be designated by the Board of Supervisors for that purpose, and no such permit shall be issued until after the application therefor has been first approved by the Zoning Ad__:inistrator.

^ 2. This ordinance shall be enforced by an of icer to be known as the Zoning Ad_:ainistrator, who shall be ap ;oi rated by the Board of Supervisors prior to the taking effect of this ordinance, and who, as well as his successors in office, shall serve at the pleasure of the Board of Supervisors, and whose coapensatioh as such shall

• be fixed by resolution of the l;oard of Supervisors.

All applications for building permits shall be accompanied by a plot plan in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the shapes, sizes and locations of the buildings and accessory buildings then existing, and the lines within which the proposed building or structure shall be erected or altered, the existing and intended use of eech building or part of a building t.:. _ of f a_-,ilies • or housekoopin units the build-,--_C. is desi; ned to accommodate, and such infoiTaP_tion with rep and to the lot and adjoining lots as may be necessary to deter_.i .l_e and provide for the enforcement of this ordinance. One co.,)y of nuch plot plan shall be returned to the owner when such plot plan has been approved by the Zoning Administrator, and t'le• ether copy th,r_ eof shall r .main on file in the office- of the Zoning; Administrator. the said Zoning

iAdministrator shall in no case approve any application for a permit for the construction or alteration of any building if the building as proposed to be constructed or altered would be in violation of any pro-vision of this ordinance.

No such plot plans shall be required , however , if the building proposed to be constructed, erected or altered is to be

4

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located more than one hundred ( 100) feet from any lot or property line or from the edge of the right of way of any street or road.

3. It is the intention of this ordinance that all questions arising in connection with its enforcement shall be presented first to-the Zoning Administrator, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the said Zoning Administrator, and that recourse shall be had from the Board of Zoning Appeals as provided by law.

4. Certificate of Use and Occupancy:• No building now or here-after erected or altered shall be occupied, used or changed in use, and no land shall be occupied, used or reduced in size for any non-agricultural or non-residential purposes until a Certificate of Use and Occupancy shall have been issued by the Zoning Admi..Listrator of-Fairfax County, to the effect that the building or land complies with all building and health laws and ordinances applicable to such building or land, and complies with the provisions of this ordinance,

5. Violations and penalties: Any person, firm or•corporation violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not more than 950.0 or by imprisonment in the County jail not exceeding thirty days, or by both such fine and confinement in said jail in the discretion of the justice, court or jury trying the case, and each day upon which the said violation shall contii'i._e.shall constitute a separate offense.

6. Amendments : The Board of Supervisors may from time to time on its own motion or on petition amend any provision of this Ordinance or Map, but any such amendment shall not be made or shall not become effective unless the same be first submitted by the. Board of Supervisors to the County Planning Commission for its recommendations1 the report of the Planning Commission to be made within thirty ( 30) days after such submission.

The provisions of Section XII relative to public hearing; by ,the Board of Supervisors and' publication of notice thereof shall apply to all such amendments.

7. Interpretation and Purposes: In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements adopted for the promotion of health, safety^t morals , comfort, prosperity and general welfare of the public. is not intended by this Ordinance to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or Ordinance or any rules, regulations or permits previously adopt-ed or issued or which shall be adopted or issued pursuant to law relating to the use or construction of buildings or premises; pro-vided, however that v:here'this Ordinance imposes a greater restric-tion upon the use of building or premises, or requires larger yards , or other open spaces than are imposed or required-by such existing provisions of law or ordinance or by such rules, regula-

tions or permits, theprovision.s of this Ordinance shall control

8i validity: Should any section or provision of this. ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordi-nance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

9. When Effective: -This ordinance shall become effective on the First day. of March, 1941, ' at 12:01 o'clock, A.M., and Shah. continue-in force until repealed.

prescribed in Section XI. aia C^--r. L 9 4 b

SECTION VI

Urban Residence District

A. Use Regulations: In an Urban Residence District no building or stri

shall be erected, altered, or used, and no land shall be used unless otherwise

provided in this Ordinance, except for one or more of the following uses:

1. Any use permitted in the Rural Residence District and subject to the same

condition in each case as set forth in Section IV, A.

B. Height Regulations: No building hereafter erected or structurally

altered shall exceed three (3) stories or forty (L.) feet, except as provided in

Section XI.

C. Area Regulations: The minimum size of yards and other open spaces incluc

Lng the minimum lot area per dwelling shall be as follows except as provided in

3ection XI.

1. Lot area per structure: No structure shall be erected or placed on a 101

)r,,$uilding site containing an area of less than five thousand ( 5,000) sq. ft - -

Drovided a larger area, is not required by the Fairfax County Health Unit. The ^.o'

Shall have a width of not less than fifty (50) feet, measured at the building set-

tack line.

2. Building set-back line: There shall be a building set-back line of not

Less than twenty-five (25) feet from the nearest side line or fifty (50) feet fro

the center line of the abutting street, whichever is the greater distance.

.-1 Y1LV 1.11 C3 L# 1.1 VV1' au till ue CL 1-e uses Zor:- spa ion, except when permitted

)y the Board of Appeals, and", in Section IV-A-3, and the change of the figures

13" to "14" in the last line of said Section; the omission of the words "shalom

,onform to the provisions of paragraph 3 above except that the amount of floor

irt. used may be increased to not more than the equivalent of three-fourths of

;he floor area of such dwelling, and", in Section IV-A-4; the substitution of the

ford "structure" for the word "dwelling" in two places in the first line of

Section IV-C-1; the substitution of the words and figures twenty-five (25) for the and figures

rordA fifty (50), in Section IV-C-4; the substitution of the word "structure" for

the word "dwelling" in two places in line one of Section V-C-1; the substitution and figures

>f the words and figures "twenty-five (25)" for the words A"thirty-five (35)" in

Section V-C-4; the substitution of the word "rural" for the word "suburban" in

Section VI-A-1, and the omission of the figures "15" at the end of said Section;

;he omission in its entirety of Section VI-A-2, consisting of the two words

Duplex Dwellings"; the substitution of the word "structure" for the word "dwe?' -

.ng" as the second word in Section VI-C-1; the omission of the word "such"

r i ately ' preceding the words " minor repairs " in Section VII-A-6, and the

mission of the words "as can be completed without necessitating overnight

torage" immediately following the words "minor repairs" in said Section; the

ubstitution of the word "urban" for the word "rural" in the last paragraph of

ection VII, so that the amended Section shall read "All buildings containing

esidential units shall conform to the area regulations in the Residential or

AMENDMENTS TO

ZONING ORDINANCE

OF

FAIRFAX COUNTY, VIRGINIA

EFFECTIVE APRIL 22, 1946

NOTICE is hereby given that at a regular meeting of the Board of

Supervisors of Fairfax County, Virginia, held on the 3rd day of April,

1946, at which meeting all of the members . of said board were present

and voting , the said board , after due and proper advertisement of notice

of its intention to adopt the same, by unanimous vote adopted the follow-

ing amendments to the Zoning Ordinance , heretofore adopted by this

board on February 5, 1941, said amendments so adopted being in the

words and figures following, to-wit:

"BE IT ORDAINED by the Board of Supervisors of Fairfax

County, Virginia, that the following section of the ordinance heretofore

adopted by this board on February 5, 1941, in reference to the zoning of

said county, be, and the same are hereby amended to read as follows,

to-wit:

"SECTION XII-Board of Zoning Appeals, amend Subsection F 5-Powers Relative to Special Exceptions or Other Special Questions-by adding:

5 )K. The Board of Zoning Appeals is hereby empowered and

authorized to grant requests and issue use permits for the erec-

tion of multiple housing projects in any district, subject to the

restrictions hereinafter set forth, provided that such use shall

be found by said board to be in harmony with the general pur-

pose and intent of the zoning regulations and map, and will

not lend to affect adversely the use of neighboring property,

in accordance with the zoning regulations and map.

-i. A multiple housing project shall be considered to be a group

of two or more multiple dwellings together with their acces-

I

sort' structures and uses, occupying a parcel of land having

any yard or court in common.

y A multiple dwelling shall be considered to be any building

used or designed for use as a residence for two or more families

living independently of each other and doing their own cooking

in said building, including apartment houses, apartment hotels,

and flats, but not including tourist camps.

C . `k, Retail trade and commercial service facilities, conducted en-

tirely within a multiple dwelling, for the convenience of the

occupants residing within the multiple housing project of

which such multiple dwelling is a part shall be permitted, pro-

vided that no signs or other display shall indicate from the

exterior that the building is used for other than residential

purposes.

G. 1, A multiple housing project may be located on a building site

having an area of not less than one acre , provided that the

maximum number of dwelling units composing such a project

does not exceed a ratio of twelve dwelling units per acre,

gross ; provided further that each dwelling unit is connected

to a community water system and to a community sewerage

disposal system approved by the Fairfax County Health De-

partment or the Fairfax County Sanitary Engineer in accord-

ance with duly adopted ordinances.

-ni_ The height of any structure shall not be limited, provided

that no part of any structure shall be located closer to any side

or rear property line than a distance equal to one-half the

height of that part of the structure from the finish grade along Aso*

the property line.

r, sL No multiple dwelling or its accessory structures or uses shall

be located less than 100 feet from the centerline of any

boundary street nor less than 30 feet from the right-of-way of

any service drive paralleling a boundary street, nor less than

55 feet from the centerline of any interior street.

No part of any structure in any multiple housing project shall

.be located closer, to any side or rear property line than a

distance equal to one-half the height of that part of the struc-

ture from the finished grade along said property line-

2

AMENDMENTS TO

ZONING ORDINANCE OF


EFFECTIVE JUNE 1, 1946

NOTICE is hereby giver that at a regular meeting of the Board of

Supervisors of Fairfax County. Virginia, held on the 15th day of May,

1946, at which meeting all of the members of said board were present

and voting, the said board , after due and proper advertisement of notice


ing amendments to the Zoning Ordinance , heretofore adopted by this

board on February 5, 1941, said amendments so adopted being in the

words and figures following , to-wit:


County, Virginia, that the following section of the ordinance heretofore

adopted by this board , with amendments thereto, pertaining to the

zoning of Fairfax County, be amended to read as follows, to-wit:

"SECTION XII-Subsection D 1. This subsection is to be

amended by adding the _ following paragraph:

"The zoning administrator shall post any tract of land with suitable

placards, so as to clearly indicate the area involved in any proposed

change of use in connection with any application for a Special Exception,

at least ten ( 10) days before the hearing.

"SECTION XII -Subsection F 5, a, b, c, d, e, f, g and h. This

subsection is to be repealed in its entirety , and Section XII, Subsec-

tion F 5 A , i, j, k, 1, m, n, o, p and q, amended as of April 22, 1946,

is to be amended to read, Section XII, Subsection F 5, a, b, c, d, e, f, g, h and i.

"SECTION XIII-Subsection 6_ This subsection is to be amended

by adding the following paragraph:

"The Planning Commission shall cause to be posted any tract of

land with suitable placards so as to clearly indicate the area involved in

any proposed change in the Zoning Map, at least fifteen ( 15) days prior

to the date of the public hearing. '

"BE IT FURTHER ORDAINED that the clerk of this board be

and he is now directed to cause a true copy of these amendments to said

Zoning Ordinance to be published in full for two successive weekly issues

of a newspaper published in this county and that the said amendments

become effective on and after midnight June 1, 1946."

4

AMENDMENTS TO

ZONING ORDINANCE OF


EFFECTIVE AUGUST 5, 1946

NOTICE is hereby given that at a regular meeting of the Board

of Supervisors of Fairfax County, Virginia , held on the 17th day of July. 1946 , at which all of the members of said board were present and voting, the said board, after due and proper advertisement of notice of

its intention to adopt the same, by unanimous vote adopted the following

amendments to the Zoning Ordinance , heretofore adopted by this board

on February 5, 1941, said amendments so adopted being in the words

and figures following , to-wit:


County, Virginia , that the following section of the ordinance heretofore

adopted by this board , with amendments thereto, pertaining to the zoning

of Fairfax County, he amended to read as follows, to-wit:

"SECTION XI1-- Subsection F. This subsection is to be amended

by adding the following paragraph:

"6. The Board of Zoning Appeals is hereby empowered and author-

ized to grant requests and permit as special exceptions the erection of

duplex dwellings in any district , subject to the restrictions hereinafter

set forth , provided that such use shall be found by said board to be in harmony with the general purpose and intent of the Zoning Regulations

and Map, and will not tend to affect adversely the use of neighboring property , in accordance with the Zoning Regulations and Map.

a. A duplex dwelling shall be considered to be a dwelling in one

ownership , having one main entrance , but providing accommodations

for two family dwelling units.

b. Each such duplex dwelling shall be on a building site having not less than twice the minimum area and frontage required for single family dwellings in the district in which the duplex dwelling is to be located.

c. Applications must be accompanied by a plot plan of the build-

ing site , and floor plans of the proposed dwelling, fully dimensioned,

and before the board shall grant an appeal and authorize the issuance of a

building permit , such plans must be approved by the Planning Com-

mission of Fairfax County.

d. When such plans are thus approved , copies shall be filed with the zoning administrator , and shall not be deviated from without the written approval of the Board of Zoning Appeals on recommendation of both the Planning Commission and the Health Department.

"BE IT FURTHER ORDAINED that the clerk of this board be,

and he now hereby is, directed to cause a true copy of these amendments

to said Zoning Ordinance , to be published in full in two successive

weekly issues of a newspaper published in this county and that the

said amendments become effective on and after midnight, August 5, 1946.

S

AMENDMENTS TO

ZONING ORDINANCE

OF

Fairfax County, Virginia

EFFECTIVE NOVEMBER 4, 1946

NOTICE is hereby given that at a regular meeting of the Board of

Supervisors of Fairfax County, Virginia, held on the 16th day of October,

1946, at which meeting all of the said members of said Board were present

and voting, the said Board, after due and proper advertisement of notice


ing amendments to the Zoning Ordinance, heretofore adopted by this

Board on February 5, 1941, said amendments so adopted being in the

words and figures following, to-wit:

"BE IT ORDAINED by the Board of Supervisors of Fairfax County,

Virginia, that the following section of the ordinance heretofore adopted

by this Board, with amendments thereto, pertaining to the zoning of

Fairfax County, be amended to read as follows, to-wit:

"SECTION XII-Subsection F-5, a, b, c, d, e, f, g, h and i be re-

pealed in its entirety, and the following section, known as Section XII,

Subsection F-5, be added in its place, and leading as follows, to-wit:

"SECTION XII-Subsection F-5. The Board of Zoning Appeals

is hereby empowered to grant special exceptions and authorize the

Zoning Administrator to issue use permits for the erection of multiple

housing projects in any district, but any such exception shall not be

granted unless the application shall have first been submitted to the

County Planning Commission for its recommendations, the report of

the said Commission to be made at the hearing advertised for considera-

tion of the appeal.

"Provided the appeal is granted, the layout of the project shall be

approved by the Planning Commission as being in conformance with

the regulations as set forth in Section XIV, and a subdivision plat in

accordance with duly adopted subdivision regulations shall be approved

and recorded before any construction permits shall be issued.

"SECTION X11-Subsection F-6-a. This subsection is to be amended

to read as follows, to-wit:

"a. A duplex dwelling shall be considered to be a dwelling pro-

viding accommodations for two family dwelling units.

"BE IT FURTHER ORDAINED that the following section, No.

XIV, be added to and made a part of the ordinance heretofore adopted

by this Board, with amendments thereto, pertaining to the zoning of

Fairfax County, said section being in the words and figures following,

to-wit:

"SECTION XI V-Multiple Housing:

"A. USE REGULATIONS: The Board of Zoning Appeals may permit

the erection of multiple housing projects in any district, subject

to the regulations set forth in this section as provided in Section

X II -F-5.

1. A multiple housing project shall be considered to be a group of

two or more multiple dwellings together with their accessory

structures and uses, occupying a parcel of land in one owner-

ship, having any yard or court in common.

2. A multiple dwelling shall be considered to be any building used

or designated for use, in whole or in part, as a residence for

three or more families living independently of each other and

doing their own cooking in said building , including apartment

houses, apartment hotels and flats, but not including tourist

camps. .. .

B. HEIGHT REGULATIONS: The height of any structure shall

not be limited, provided that no part-of any structure shall be lo-

cated closer toany property line than- a distance equal to one-half

the height of that part of the structure from the finished grade along

the property line. - -

C. AREA REGULATIONS: The minimum lot area requirements

shall be determined by the number of rooms in each living unit,

as follows:

Apartment Number of_ Lot Area Required

Type Rooms Per Living Unit

1 1 1400 square feet 2 2 - 1800 square feet 3 3 2400 square feet

_4 4 2600 square feet

Rooms containing bath or kitchen facilities are not included in the room count used in the apartment type determination.

Any floor space exceeding forty (40) square feet, enclosed by

partitions, or walls having cased openings, or :doors of any type,

shall be deemed to be a room. The use of all rooms shall be clearly

defined on the plans submitted with the application for a building

permit.

No apartment building of any type shall hereafter be erected or altered to provide less than seven thousand five hundred (7500)

3

square feet of lot area and an average of seventy -five (75) feet of lot

width for each building.

D. PERCENTAGE OF LOT COVERAGE: All apartment houses,

including accessory buildings , on any lot shall not cover more than twenty-five ( 25) per cent of the area of such lot. For the purpose

of computing lot coverage , for apartment houses, unless otherwise

shown, a minimum of one hundred and eighty ( 180) square feet of accessory building or automobile parking space shall be required

for each fancily occupying such lot.

E. BUILDING LOCATION REGULATIONS:

1. No multiple dwelling or its accessory structures shall be located

less than 100 feet from the center line of any boundary street

nor less than 30 feet from the right-of-way of any service drive

paralleling a boundary street, nor less than 60 feet from the cen-

terline of any interior street.

2. No multiple dwelling shall be located less than 50 feet from any

side or rear property line, provided, however that no part of any

structure in any multiple housing project shall be located closer to

any such property line than a distance equal to one-half the

height of that part of the structure from the finished grade along

said property line.

3. If any of the structures in a multiple housing project are so

located that the front or rear of one structure faces any other

structure, a distance of not less than 60 feet shall separate said

structures; if any of the structures are arranged in a row, end

to end, no such structure shall be closer to any other such struc-

ture than a distance equal to the average of their heights, pro-

vided, however, that this provision shall not apply to any two

structures, if no portion of either building lies within the space

between the prolongation of lines along any two opposite walls

of the other structure, in which case not less than 20 feet shall

separate such structures.

4. No accessory structure shall be located less than 25 feet from

any multiple dwelling nor less than 25 feet from any side or rear

property line.

"BE IT STILL FURTHER ORDAINED that the Clerk of this

Board be, and he now hereby is, directed to cause a copy of these

amendments to said Zoning Ordinance to be published in full in two

successive weekly issues of a newspaper published in this County, and

that the said amendments become effective on and after midnight

November 4, 1946."

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"SECTION XIII, Subsection 6. This Subsection 6 shall be amended by repealing it in its entirety, and re-enacting Subsection 6 under Section XIII to read as follows: "6. Amendments:

a. The Board of Supervisors niay from time to time on its own motion or on petition amend, supplement. or change any provision of the ordinance. The Board of Supervisors may likewise, on its own motion, or on petition of the owner or owners, or contract owner or contract owners of the property proposed for a change of zoning, after public notice and hearing, amend, supplement, or change the Zoning Map.

b. Any such amendment, supplement or change of any provision of the ordinance or of the Zoning Map shall not be made or shall not be-come effective unless the same be first submitted by the Board of Supervisors to the County Planning Commission for its recommen-dation.

c. The Board of Supervisors shall cause the notice of such amend-ment, supplement. or change to be advertised as required by law.

d. In addition to published notice as required by law. the County Planning Commission shall cause to be posted any tract of land with suitable placard so as to clearly indicate the area involved in any proposed change in the Zoning Map, at least fifteen (15) days prior to the date of the public hearing.

C. No application for any change to the same or to a lesser restricted classification of zoning or use of the same lot, plot, parcel or portion thereof shall be considered by the County Planning Commission and the Board of Supervisors within six (6) months of the final action of the Board of Supervisors upon the prior application.

"BE IT FURTHER ORDAINED that these amendments be, and the same hereby are. made effective on and after May 15, 1950, and

"BE IT FURTHER ORDAINED that the clerk of this board be, and he now hereby is, directed to cause a copy of these amendments to be published in two consecutive weekly issues of newspapers published or circulated in this county."

AMENDMENTS TO ZONING ORDINANCE

OF


EFFECTIVE MAY 22, 1950

NOTICE is hereby given that at the regular meeting of the Board of Supervisors of Fairfax County, Virginia , held on Wednesday, May 3, 1950, the said board , by the unanimous vote of all members present, after first having given due notice of its intention to so do in the manner prescribed by law , adopted an amendment to the Zoning Ordinance here-tofore adopted by said board on March 1, 1941, with amendments to date, the said amendments , so adopted on May 3, 1950, being in the words and figures following, to-wit:

"BE IT ORDAINED by the Board of Supervisors of Fairfax County, Virginia, that the following section of the ordinance heretofore adopted by this board in reference to the zoning of said county , be amended as

follows, to-wit: "SECTION IX, Subsection A, Paragraph 21. This Subsection A,

Paragraph 21, shall be amended by deleting paragraph 21 in its entirety. "BE IT FURTHER ORDAINED that this amendment be , and the

same hereby is, made effective on and after May 22. 1950, and "BE IT FURTHER ORDAINED that the clerk of this board be,

and he now hereby is, directed to cause a copy of this amendment to be published in two consecutive weekly issues of newspapers published or circulated in this county."

2I


OF


EFFECTIVE MAY 15, 1950

NOTICE is hereby given that at the regular meeting of the board of Supervisors of Fairfax +County, Virginia, held on Wednesday, April 19, 1950, the said board, by the unammous vote of all members present, after first having given due notice of its intention so to do in the manner prescribed by law, adopted certain amendments to the Zoning Ordinance heretofore adopted by said board on March 1, 1941, with amendments to date, the said amendments, so adopted on April 19, 1950, being in the words and figures following. to-wit:

''BE IT ORDAINED by the Board of Supervisors of Fairfax County, Virginia, that the following sections of the ordinance heretofore adopted by this board in reference to the zoning of said county, be amended to read as follows, to-wit:

"SECTION IV, Subsection A, Paragraph 15 g. This Subsection A, Paragraph 15 g shall be amended by repealing it in its entirety and re-enacting a new Subsection A, Paragraph 15 g under Section IV, to read as follows: "g. Buildings and facilities which are used exclusively by the County

Government for public purposes, except public schools as hereinbe-fore permitted.

"SECTION IV, Subsection A, Paragraph 15. This Subsection A, Paragraph 15, shall be amended by adding the following: "k. Sanitary land fills subject to such regulations relative to the same as

may from time to time be adopted by the Board of Supervisors. No such use shall be permitted unless the application shall have first been submitted to the County Sanitary Engineer and the County Health Officer for their report and recommendations as to the suitability of the site for such use.

"SECTION IX. Subsection A (exclusive of items I through 31, in-clusive of this Section and Subsection). This Subsection A (exclusive of items I through 31, inclusive of this Section and Subsection) shall be amended to read as follows: "A. Use Regulations: In any Industrial District, buildings or land may

be used for any purpose not otherwise prohibited by ordinance with-in Fairfax County; provided, however, that a sanitary land fill may be permitted in the Industrial District only with the approval of the Board of Zoning Appeals as provided in Section IV, Subsection A, Paragraph 15 k of this Ordinance. When any of the following uses are not controlled by existing county ordinances, such uses shall require the approval of the Beard of Supervisors of Fairfax County and the prior submission of a report and recommendations to said Board by the Fairfax County Planning Commission; provided, however, that no such use shall be established within two thousand (2,000) feet of any Residence District' or within five hundred (500) feet of any Business District.

"SECTION XII, Subsection F, Paragraph 2. This Subsection F, Par-agraph 2, shall be amended by repealing it in its entirety and re-enacting a new Subsection F. Paragraph 2, under Section XII, to read as follows: "2. Permit in any Agricultual, Residence or Business District any of the

uses listed in Section IV, A-15; and permit in any Industrial District the use listed in Section IV, A-15 k, provided the Board shall find that: (a) The granting of the application will not materially affect adversely

the health or safety of persons residing or working in the neighbor-hood of the proposed use:

(b) the location of such use will not ultimately affect adversely the use or development of neighboring property in accordance with the zoning regulations and map.

AMENDMENTS TO

ZONING ORDINANCE

OF

FAIRFAX COUNTY

VIRGINIA

EFFECTIVE JUNE 5, 1950

NOTICE is hereby given that at the regular meeting of the Board of Supervisors of Fairfax County, Virginia. held on Wednesday, May 17, 1950, the said Board, by the unanimous vote of all members present, after first having given due notice of its intention so to do in the manner prescribed by law, adopted certain amendments to the Zoning Ordinance heretofore adopted by said Board on March 1, 1941, with amendments to date. the said amendments, so adopted on May 17, 1950. being in the words and figures following, to-wit:

"BE IT ORDAINED by the Board of Supervisors of Fairfax County Virginia, that the following sections of the ordinance heretofore adopted by this Board in reference to the zoning of said County, be amended to read as follows, to-wit:

"Section XII-Sub-section F-5. This Sub-section F-5 shall be amended by repealing it in its entirety and re-enacting a new Sub-section F-5. under Section XII, to read as follows:

"5. The Board of Zoning Appeals is hereby empowered to grant special exceptions and authorize the Zoning Administrator to issue use permits for the erection of multiple housing projects in the Urban Resi-dence District, but any such exception shall not be granted unless the application shall have first been submitted to the County Planning Com-mission for its recommendations.

Provided the appeal is granted, the layout of the project shall be approved by the Planning Commission as being in conformance with the regulations as set forth in Section XI's-, and a subdivision plat in ac-cordance with duly adopted subdivision regulations shall be approved and recorded before any construction permits shall be issued."

"Section XIV-Sub-section A. This Sub-section A shall be amended by repealing the first paragraph therefrom, which first paragraph now reads:

"A. Use Regulations: The Board of Zoning Appeals may permit the erection cf multiple housing projects in any district, subject to the regulations set forth in this section as provided in Section XI1. F, 5, AND REENACT THE SAME TO READ:

A. Use Regulations: The Board of Zoning Appeals may permit the erection of multiple housing projects in the Urban Residence District, subject to the regulations set forth in this section as pro-vided in Section X I I, F, S.

"BE IT FURTHER ORDAINED that these amendments be, and the same hereby are, made effective on and after June 5, 1950, and

"BE IT FURTI-IER ORDAINED that the Clerk of this Board be, and he now hereby is, directed to cause a copy of these amendments to be published in two consecutive weekly issues of newspapers published or circulated in this County."

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OF FAIRFAX COUNTY

VIRGINIA

EFFECTIVE OCTOBER 1, 1950

NOTICE is hereby given that the Board of Supervisors of Fairfax County, Virginia, at its regular meeting held on Wednesday, September 6, 1950, after having given notice of its intention so to do in the manner prescribed by law, adopted certain amendments to the Zoning Ordinance of Fairfax County, Virginia, heretofore adopted by this Board on March 1, 1941, with amendments to date, said amendments so adopted on Sep-tember 6, 1950 being in the words and figures following, to-wit:

BE IT ORDAINED by the Board of Supervisors of Fairfax County, Virginia, that the following sections of the ordinance heretofore adopted by this Board in reference to the zoning of said County, be amended as follows, to-wit:-

"Section VII, Subsection A, Paragraph 3. This paragraph shall be amended by adding the following:

i -d . T railer camps , excep t upon th e secur i ng of a U se-Permit Tor suc h

"Section IX, Subsection A. This Subsection shall be amended in the following manner:

A. Use Regulations: In any Industrial District buildings or land may be used for any purpose not otherwise prohibited by ordin-ance within Fairfax County, except that trailer camps may be permitted only upon the securing of a Use Permit for such use and provided however that (The remainder of this Section shall remain in the words and figures as now effective).

"BE IT FURTHER ORDAINED that said Zoning Ordinance be amended by adding the following section, namely: SECTION XVI-USE PERMITS: the same to be in the following words and figures, to-wit:

SECTION XVI

USE PERMITS

A. IT-e- pe mitS may b icsued^9Lan^ tse. or_whkh-a-Use Permit is required by the provisions-of-this -Ordinance.

B. Written application for a Use Permit shall accompany an appli-cation to the Zoning Administrator for approval of such use. The application shall be transmitted forthwith to the Board of

of Fairfax County.

(over)

Amendment to Zoning Ordinance ( Effective Oct. 1, 1950)-Page 2

C. Every application for a Use Permit shall be accompanied by a check or cash payment of Twenty Dollars ($20.00) which shall be applied to the cost of advertising and expense incidental to reviewing, publishing, and reporting the facts. An application for a Use Permit shall be advertised for Public Hearing as required by law.

D. If tht, Board of Supr^v;-c . shall find th;.t, after a duly adver-tised hearing in he circumstances of the particular situation, the use for Which a U e Permit is sought will not (I^ affect adversely the health or safety\of persons residing or wing in the neigh-borhood`,of the propo{sed use, (2) he detrimental to the public welfare or injurious td'roperty or imprp''ements in the neigh-borhood and (3) be dissmiilar in character to existing land uses in the neighborhood, it sha\i.ssue the .Use Permit, provided that all provisions of law and drdinance shall have been complied with. In granting any Use Pei-tat the Board of Supervisors shall designate such conditions jq connection therewith as will. in its opinion , assure that the use ill conform to the foregoing requirements and that it -,villontint to do so.

1. Any Use Permit issued b//the Board 6Supervisors premitting the use of land or pr/vises for pure' se of a trailer camp shall be for an indefi fte period and sha\be revocable by the said Board of Supe isors at any time fob the failure of the applicant to maintain all requirements of la - with respect to the maintenance ahd conduct of the same. Bet e revoking any such permit, hoy+'ever, the Board shall give the holder thereof at least ten (1 days written notice of the time 'end place for hearing to be held by the Board on the revocation \pf such per-mit and shall conduct a hearing on the matter.

"BE IT FURTHER ORDAINED that these amendments be and the same hereby are, made effective on and after October 1. 1950.

AMENDMENTS TO


Effective February 26, 1951

NOTICE is hereby given that the Board of Supervisors of Fairfax County, Virginia, at its regular meeting held on Wednesday, February 7, 1951. after having given notice of its intention so to do in the manner prescribed by law, adopted certain amendments to the Zoning Ordinance of Fairfax County, Virginia, heretofore adopted by this Board on March 1, 1941, with amendments to date, said amendments so adopted on Feb ruary 7, 1951 being in the words and figures following, to-wit:

"BE IT ORDAINED by the Board of Supervisors of Fairfax County, Virginia, that the following section of the ordinance heretofore adopted by this Board in reference to the zoning of said County, be amended as follows; to-wit:

"Section IV, Sub-section A, Paragraph 15. This paragraph shall be amended by adding the following:

1. Sewage disposal plants and/or sewage pumping stations. Either of these two uses shall not be granted, however, unless the appli-cation shall have first been submitted to the County Planning Commission for its recommendation.

"BE IT FURTHER ORDAINED that these amendments be, and the same hereby are, made effective on and after February 26, 1951."

AMENDMENTS TO


Effective March 12, 1951 NOTICE is hereby given that the Board of Supervisors of Fairfax

County, Virginia, at its regular meeting held on Wednesday, February 21, 1951, after having given notice of its intention so to do in the manner prescribed by law, adopted certain amendments to the Zoning Ordinance of Fairfax County, Virginia, heretofore adopted by this Board on March 1, 1941, with amendments to date, said amendments so adopted on Feb-ruary 21, 1951 being in the words and figures following, to-wit:

"BE IT ORDAINED by the Board of Supervisors of Fairfax County, Virginia, that the following sections of the ordinance heretofore adopted by this Board in reference to the zoning of said County, be amended as follows, to-wit: Section III. Subsection C-

Amend Paragraph I by adding the following sentence: "Except, however, that a corner lot shall have a width of not less

than one hundred twenty-five (125) feet measured at the building set-back line."

Amend Paragraph 1 by deleting from the first sentence the wordz, and figures "one-half (%) acre" and substituting in their stead the words' and figures "21,781 square feet." Section IV. Subsection C-

Amend paragraph I by adding the following sentence: "Except, however, that a corner lot shall have a width of not less than one hundred twenty-five (125) feet measured at the building set-back line." Amend Paragraph I by deleting from the first sentence the words and figures "one-half (?/z) acre" and substituting in their stead the words and figures "21,781 square feet."

Section V. Subsection C-Amend Paragraph 1, 2 and 3 by repealing same and enacting new paragraphs to read as follows:

1

Amendments, Zoning C,dinanre, Fairfax County, Va., Effective Feb., 26, 1951 ( Cont.)

1. Lot Area Per Structure: No structure shall be erected or placed or, a lot or building site containing an area of less than fifteen thou-sand (15,(100) square feet, provided a larger area is not required by the Fairfax County Health Department; except. however, that lots in subdivisions approved in accordance with the provisions of the Fairfax County Subdivision Control Ordinance shall con-tain an average area of not less than twelve thou-and five hundred (12,500) square feet and contain a minimum area of not less than ten thousand five hundred (10.500) square feet. Each lot (except a corner lot) shall have a width of not less than ninety 00) feet measured at the building set-back line; except, however, that lot, (except corner lots) in a subdivision approved for lot areas of less than fifteen thousand (15.000) square feet in accordance with the provisions of the Fairfax County Subdivision Control Ordinance shall have a width of not less than eighty (80) feet measured a! the building set-back line. Each corner lot shall have a width c not less than one hundred fifteen (115) feet measured at the build-ing set-back line; except, however, that a corner lot in a subd.vi sion approved fqr lot areas of less than fifteen thousand (15,000; square feet in accordance with the provisions of the Fairfax Coun-ty Subdivision Control Ordinance shall have a width of not less than one hundred five (105) feet measured at the building set-back line.

2. Building Set-back Line: There shall be a building set-back line of not less than forty-five (45) feet from the nearest side line or seventy (70) feet from the center line of the abutting street, which-ever is the greater distance; except, however, that on lots in sub-divisions approved for lot areas of less than fifteen thousand (15,000) square feet in accordance with the provisions of the Fair-fax County Subdivision Control Ordinance there shall be a build-ing set-back line of not less than forty (40) feet from the nearest side line or sixty-five (65) feet from the center line of the abutting street, whichever is the greater distance.

3. Side Yards: There shall be on each side of every building a side yard having a minimum width of twenty (20) feet; except, how-ever, that in subdivisions approved for lot areas of less than fifteen thousand (15,000) square feet in accordance with the provisions of the Fairfax County Subdivision Control Ordinance there shall be on each side of every building a side yard having a minimum width of fifteen (15) feet.

Section VI. Subsection C-Amend paragraphs 1 and 2 by repealing same and enacting new paragraphs to read as follows:

1. Lot Area Per .Structure: No structure shall be erected or placed on a lot or building site containing an area of less than ten thou: sand (10,000) square feet, provided a larger area is not required by the Fairfax County Health Department; except, however, that lots in subdivisions approved in accordance with the provision; of the' Fairfax County Subdivision Control Ordinance shall con-tain an average area of not less than ten thousand (10,000) square feet and contain a minimum area of not less than eight thousand four hundred (8,400) square feet. Each lot (except a corner lot) shall have a width of not less than seventy (70) feet measured at at the building set-back line; each corner lot shall have a width of not less than ninety-five (95) feet measured at the building set-back line.

2. 'Building Set-Back Line: There shall be a building set-back lin. of not less than thirty-five (35) feet from the nearest side line, or sixty .(60) feet from the center line of the abutting street, which-ever is the greater distance.

Section XI. Paragraph 12-Amend Paragraph 12 by adding the following sentence: "The'provisions of this paragraph, except those pertaining to:height and ground coverage limitations, shall not apply to garages."

2

11

AMENDMENTS TO

ZONING ORDINANCE OF FAIRFAX COUNTY , VIRGINIA

EFFECTIVE APRIL 23, 1951

NOTICE is hereby given that the Board of Supervisors of Fairfax County, Virginia, at its regular meeting held on Wednesday, April 4, 1951, after having given notice of its intention so to do in the manner prescribed by law, adopted certain amendments to the Zoning Ordinance of Fairfax County, Virginia, heretofore adopted by this Board on March 1, 1941, with amendments to date, said amendments so adopted on April 4, 1951 being in the words and figures following, to-wit:

"BF IT ORDAINED by the Board of Supervisors of Fairfax County, Virginia, that the following sections of the ordinance heretofore adopted by this Board in reference to the zoning of said County, be amended as follows, to-wit:

SECTION VII, Sub-Section A-Amend Paragraph 2 by deleting from the same the words "tourist camps and cabins."

SECTION VII, Sub-Section A-Amend Paragraph 3 so as the same ,/ hall read as follows: "3. Any retail trade or service (subject to the

provisions of Section XVI) provided that no industry or manufacturing shall be permitted except. the making of articles to be sold exclusively at retail on the premises."

V-" SECTION VII, Sub-Section A-Amend Paragraph 3-d by repealing the same in its entirety.

SECTION VII, Sub-Section A-Amend Paragraph 6 by repealing the same in its entirety and re-enacting the same to read as follows: "6.

7 An}- use listed in Section XVI of this ordinance, subject to securing a Use Permit for the same as therein provided."

SECTION VIII, Sub-Section A-Amend Paragraph 3 so as the same ,- shall read as follows: - "3. Theaters, assembly halls, and similar places of

V public entertainment (subject to the provisions of Section XVI)."

SECTION VIII, Sub-Section A-Amend Paragraph 5 in the following manner: "5. Any wholesale trade or service (subject to the provisions of Section XVI), provided (the remainder of this Section shall remain

Vin the words and figures as'now effective). SECTION XVI, Sub-Section A-Amend Section XVI, Sub-Section

A so as the same shall read as follows: "A. Use Permits shall be required and may be issued for any of the

following uses-1. Automobile filling stations, automobile repair shops, in connection

with a filling station, or-auto repair shops in general ( except in the In-. dustrial District where such uses shall be permitted without a Use Per-mit), provided, however, that no storage of wrecked vehicles or a wreck-ing of vehicles shall be permitted on the premises . Such uses shall be so far as possible located in compact groups so as to prevent the undue scattering of the same.

(Over)

2. Tourist camps, tourist courts, motor courts, and tourist cabins (except in the Industrial District, where such uses shall be permitted without a Use Permit).

3. Trailer camps.

4. Open-air Theaters.

SECTION XVI, Sub-Section B-Amend Section XVI, Sub-section B, by deleting from the same the words "Board of Supervisors" and substituting in their stead the words "Board of Zoning Appeals."

SECTION XVI. Sub-Section C-Amend Section XVI, Sub-Section C, by adding the following:

"Every such application shall also be accompanied by three (3) copies of a plot plan drawn to scale of not less than 1 inch equals 100 feet, show-ing the following information:

"1. Boundaries of the subject property shown by bearing and distance of the same.

"2. Size, shape and location of all buildings or structures existing on the property.

"3. Size, shape and location of all buildings or structures (including trailers) proposed to be erected or placed on the property in connection with the application for Use Permit.

"4. Location and width of means of ingress and egress to and from the highway, the same to be so located that dangerous or otherwise objec-tionable conditions will not be created."

SECTION XVI, Sub-Section D-Amend Section XVI, Sub-Section D, by repealing the same in its entirety and re-enacting the same to read as follows:

"D. 1. If the Board of Zoning Appeals shall find that, after a duly advertised hearing in the circumstances of a particular situation, the use for which a Use Permit is sought will not (1) affect adversely the'health or safety of persons residing or working in the neighborhood of the pro-posed use, and (2) be detrimental to the public welfare or injurious to property or improvements in the neighborhood, it shall issue the Use Permit, subject to all provisions of law and ordinance relative to the pro-posed use. In granting any Use Permit the Board of Zoning Appeals shall designate such conditions in connection therewith as will, in its opinion, assure that the use will conform to the foregoing requirements and that it will continue to do so.

"2. Any Use Permit issued by the Board of Zoning Appeals shall be for an indefinite period and shall be revocable by the said Board at any time for the failure of the owner or operator of such use to maintain all requirements of law with respect to the maintenance and conduct of the same and all conditions designated in connection therewith by the said Board in granting the Use Permit. Before revoking any such permit, however, the Board shall give the holder thereof at least ten (10) days written notice of the time and place for bearing to be held by the Board on the revocation of such permit and shall conduct a hearing on the matter.

;,}P3. Construction or operation shall be commenced within one (1) year of date of issuance or use permit becomes void." ,

"BE IT FURTHER ORDAINED that these amendments be, and the same hereby are, made effective on and after April 23, 1951.

AMENDMENTS TO ZONING ORDINANCE OF


Effective July 9, 1951

NOTICE is hereby given that the Board of Supervisors of Fairfax

County, Virginia, at its regular meeting held on Wednesday, June 20,

1951, after having given notice of its intention so to do in the manner

prescribed by law, adopted certain amendments to the Zoning Ordinance

of Fairfax County, Virginia, heretofore adopted by this Board on

March 1, 1941, with amendments to date, said amendments so adopted

on June 20, 1951, being in the words and figures following, to-wit:

"BE IT ORDAINED by the Board of Supervisors of Fairfax County.

Virginia, that the following section of the ordinance heretofore adopted

by this Board in reference to the zoning of said County, be amended as follows, to-wit:

"SECTION XII, Sub-section G-

"Amend the first paragraph of Section XII, Sub-section G so as the

same shall read as follows:

"G. POWERS RELATIVE TO VARIANCES: Where, by reason of exceptional topographic conditions of a specific piece of property, or by reason of other extraordinary and exceptional situation or condition.

the strict application of any regulation in this ordinance would result in

peculiar and exceptional practical difficulties to or exceptional and undue

hardship upon the owner, the Board shall have power in passing on

appeals to grant a variance from such strict application of such regula-

tion, so as to relieve such difficulties or hardships , provided such relief may be granted without substantial detriment to the public good and

without impairing the general purpose and intent of the Zoning Map and Zoning Ordinance."

The second paragraph of this Section and Sub-section shall remain in the words and figures now in effect.

"BE IT FURTHER ORDAINED that these amendments be, and the same hereby are, made effective on and after July 9, 1951.

-Za

Amendments, Zonir.2 Or6inance, Fairfax County, Va., Effective Feb., 26, 1951 (Cont.)

Section XI . Paragraph 15-Amend the first sentence to read: "No provisions of this ordinance respecting the size and shape of lots shall affect in any way the size and shape of lots of record prior to March 12 , 1951, or lots indicated on preliminary plats approved in accordance with the provisions of the Fairfax County Subdivision Control Ordinance prior to March 12. 1951." Amend the second sentence and the last sentence by deleting from both sentences the date "April 1, 1943" and substituting instead the date "March 12, 1951."

Section XI-Amend this ection_by adding Paragraph 16 as follows: 16. A Garage or car port placed between a dwelling and a side loi

line may extend into the minimum side yard a distance of not more than five (5 ) feet. A detached garage placed in a rear yard, except on a cornier lot, shall be behind the extreme rear line of the building and shall be located not less than four (4) feet from the rear or side lot lines . The requirement of four (4) feet maN be further reduced to not less than two (2 ) feet provided the walls of any garage so located are of fire resistant construction. On a corner lot a detached garage shall not come closer to the rear lot line than it would be permitted to come to the side lot line in the district in which the lot is located.

"BE IT FURTHER ORDAINED that these amendments be, and the same hereby are, made effective on and after March 12, 1951."

3

-z z

A 30-1.8 .3 Festival Types

a) Carnival. A traveling or transportable group or aggregation of rides, shows , games, or concessions or any combination thereof.

b) Circus. A traveling or transportable show or exhibition consisting of performances by persons and animals under one tent or similar structure with or without other aide shows.

c) Festival. Any fair, festivity, or similar activity where patrons are charged admission or other fees for the privilege of watching or participating in entertainment, including, but not limited to music shows , concerts and revivals.

d) Horse Show. Any aggregation of horses where there occurs the exhibiting, judging, showing or racing of horses.

Amend Section 30-6.7.1 as follows:

" .No s permit shall be issued by the board for any use or purpose s is not thus specifically authorized. . ."

Amend Section 30-6.7.1.2 by the deletion of the following wording:

" . or the board may grant a temporary special permit, subject to adequate guarantees that the use covered will be terminated at the end of the period specified or of such extension thereof as may be granted by the board. . .

Amend Section 30-6.7.1.2 to read as follows:

" .Unless a time limit is specified for a special permit, the same shall be valid for an indefinite period o time but shall be revocable on the order of the board at any time on the failure of the owner or operator of the use covered by the permit to observe all requirements of law with respect to the maintenance and conduct of the use and all conditions in connection with the vermit that were designated by the board in issuing the same. Before revoking any speeciiaall permit, however, the board shall give the holder thereof at least ten days' written notice of violation. . ."

Add a new Section 30-6.16 to read as follows:

8 30-6.16, Temporary Special Permits

a) On application, the zoning administrator may issue a temporary special permit for any of the uses specified in subsection 30-2.2.2 as requiring a special permit in the particular district, provided a temporary special permit is authorized for such use under subsections 30-7.1 through 30-7.2.10.8.

b) Duration. A temporary special permit shall not exceed 21 consecutive days in duration. Any renewal or extension of a temporary special permit shall be subject to the same procedure as specified in this chapter for the original issuance of a special permit.

(c) Application. Application for a temporary special permit shall be made to the Zoning Administrator on such forms as may be required by the Zoning Administrator at least three weeks prior to the date on which the permit will take effect, provided that the County Executive ma approve a lesser time peri od. The forms shall provi de such information as the Zoning Administrator shall find to be reasonably necessary for the fair administration t of this Ordinance.

x

d) Issuance of Temporary Special Permit. The zoning ad-ministrator shall issue a temporary special permit to the applicant , setting forth the duration of the permit, and any conditions reasonably related to and designed to promote the standards of this chapter , provided that the applicant has sufficiently complied with the appli-cable standards prescribed in the subsections 30-7.1 through 30-7.2.10.8.

e) Fees . The zoning ' administrator may charge such fees for the issuance of any temporary special permit as may be reasonably necessary to cover the cost of processing.

f) Revocation of Permit . The zoning administrator may revoke a temporary special permit at any time on the failure of the owner or operator of the use covered by the permit to observe all requirements of the law with respect to the maintenance and conduct of the use and all conditions in connection with the permit that were designated by the zoning administrator in issuing the same . Notice of such revocation shall be made by letter from the zoning administrator, to the owner or operator of the use for which the permit has been granted, hand delivered or mailed, return receipt requested , setting forth the grounds upon which the permit was revoked, the date and time upon which the revocation is effective, and informing the owner or operator of the appeals procedure. Upon receipt of such notice, the owner or operator of auch activity shall cease operation of the activity forthwith . The foregoing provisions shall not,be deemed to preclude the use of any other remedy prescribed by law or by this chapter with respect to violations of the provisions - of this chapter.

g) Appeals. An appeal by any person aggrieved by an action of the zoning administratorIn granting or denying a temporary special permit may be made in the same manner as an appeal from a special permit under ® 30-6.8 through 30-6.15. In the case of an appeal from the revocation of a temporary special permit , the aggrieved party may request a meeting with the zoning administrator to present his grounds for appeal. The zoning administrator shall meet with the aggrieved party within 48 hours of the date upon which the appeal is received. Within 24 hours of'the date of the meeting, the zoning administrator shall .inform the aggrieved party, in writing, of his decision to affirm, modify, or rescind the revocation of the

temporary permit.

- 4 -

Delete § 30-7.2.6.1.4 and @ 30-7.2.6.1.4.1 in their entirety, and

substitute in lieu therof the following:

® 30-7.2.6.1.4 Carnival Circua Festival 'a'r Horse Show , ht o Sale o C r stmas tees or ter Seasonal

Commoditi es and Other Similar Ac ti vities.

The Activity shall be subject to the provisions of a temporary special permit issued by the zoning administrator, which permit shall specify such conditions as to location , parking,traffic access , and safety requirements as will protect the health, safety and-welfare of the-public and which -writ protect adjoining property from any adverse effects of theactivity.

a) Specific Requirements . No temporary special permit shall be issued by the zoning administrator for any activity within this subsection except upon the following conditions:

(1) Any activity within this subsection shall be sponsored by a volunteer fire company, local chamber of commerce, veterans ' organization , service club , civic organization,church or religious organization , sports or huntclub, charitable , educational or non-profit organization or recognized chapter thereof whose principal administrative offices are located within the County of Fairfax.

(2) Bona fide members of the sponsoring organization shall collect all monies and handle all sales of tickets for admission , rides ,. shows , games, etc. and shall have custody of all monies collected until appropriate settle-ment is made with the owner of the activity . A bona fide member of a sponsoring organization shall be a person whose permanent residence lies within the boundaries of the Northern Virginia Regional Planning District Commis-sion.

(3) The sponsoring organization shall submit with its application for a temporary special permit a list of the names and addresses of those members of the sponsoring organization who will handle and collect all monies at the activity.

(4) Where the activity is a circus , fair, or carnival, and the owner of the circus, fair, or carnival is an entity other than the sponsoring organization, the sponsoring organization shall furnish the zoning administrator the name and address of the owner or owners of the circus, fair, or carnival. The zoning administrator shall determine, from previous performance and other information, that the owner or owners are of good repute.

(5) The sponsoring organization shall furnish the County Health Director information as to sanitary arrangements

and facilities to be used by the public and employees, and the County Health Director shall advise the zoning administrator that such arrangements and facilities will be adequate -if properly used and maintained.

(6) The Zoning Administrator shall not issue a temporary special permit for a carnival or circus where such activity , as proposed, will:

A. Occur within two ( 2) miles of any other carnival or circus for which a temporary special permit has been previously obtained under this Section, and

B. Commence within a time period of three ( 3) weeks from the ending date of any other carnival or circus within a two ( 2) mile radius for which a temporary special permit has been previously obtained under this Section.

GIVEN under my hand this 27th day of January, 1975.

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