Chapter 17.100 — CC CENTRAL COMMERCIAL ZONE
Fairfax Zoning Code · 2026-06 edition · ingested 2026-07-06 · Fairfax
Section
Article I: Generally
17.100.010 Purpose 17.100.020 Generally 17.100.030 Design review 17.100.040 Principal permitted uses and structures 17.100.050 Conditional uses and structures 17.100.055 Procedure for Planning Director use determination 17.100.060 Accessory uses and structures 17.100.070 Building site requirements 17.100.080 Height 17.100.090 Yards 17.100.095 Driveway standards
17.100.100 Signs
17.100.110 Off-street parking and loading
17.100.120 Traffic impact permit
17.100.125 Variances
17.100.130 Formula businesses and restaurants
ARTICLE I: GENERALLY
§ 17.100.010 PURPOSE. ¶
The CC central commercial zone is the central business district and the retail commercial heart of the town. It should contain the most valuable land and structures, on a square-foot basis, of any zone in the town. The development of the CC central commercial zone caters to and invites pedestrian traffic. Consequently, store frontages tend to be continuous and driveways, blank walls and other conflicts with or deterrents to foot traffic tend to be minimized. Residential uses provide both a nighttime population which is commercially desirable and affordable living facilities for owners, workers and those without automobiles.
(Prior Code, § 17.52.010) (Ord. 352, passed - -1973; Am. Ord. 887, passed 2-7-2024)
§ 17.100.020 GENERALLY. ¶
No premises in the Central Commercial CC zone may be used for any purpose or in any manner, except as set forth in this chapter. Formula businesses and formula restaurants, as defined herein, that were not in business as of April 1, 2000, are not permitted in the CC zone.
(Prior Code, § 17.52.020) (Ord. 352, passed - -1973; Am. Ord. 695, passed 8-20-2002)
§ 17.100.030 DESIGN REVIEW. ¶
All structures, physical improvements and exterior physical modifications of buildings in the CC zone are subject to design review unless specifically exempted in each instance by the Planning Commission.
(Prior Code, § 17.52.030) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)
§ 17.100.040 PRINCIPAL PERMITTED USES AND STRUCTURES. ¶
(A) Uses within the CC zone shall be conducted entirely within a building, (unless a business permit and encroachment permit are granted in accordance with Town Code § 5.58 and § 12.32.025 for parklet uses and/or parklet enclosures) and are restricted to the following:
(1) Alternative birthing centers licensed by the state’s Department of Health Services unless the requirement is waived by the state;
(2) Antique stores;
(3) Artist’s studios and galleries;
(4) Art supply;
(5) Audio/visual sales and service;
(6) Bakeries, including for sale on premises;
(7) Banks;
(8) Bars;
(9) Barbershops;
(10) Beauty shops;
(11) Bicycle sales and repair;
(12) Butcher shops;
(13) Blueprint and photocopy services;
(14) Bookstores;
(15) Cafes;
(16) Camera and photography shops;
(17) Camera and photography sales, service, developing and printing;
(18) Candy stores and confectioneries;
(19) Christmas tree sale lots;
(20) Clothing stores;
(21) Computer sales and service;
(22) Craft shops (including custom wood, paper, glass and metal work and sales);
(23) Curtain and drapery shops;
(24) Delicatessens;
(25) Drugstores and pharmacies;
(26) Electrical appliance sales, repair;
(27) Emergency shelters, subject to compliance with Chapter 17.138 of this title;
(28) Finance companies;
(29) Floors, floor coverings (retail);
(30) Florists;
(31) Food stores, excluding, supermarkets;
(32) Furniture stores;
(33) Gift shops and greeting card shops;
(34) Graphic artists, architects, draftsmen and painters (when not located on the ground floor);
(35) Hardware stores;
(36) Hobby stores;
(37) Ice cream stores;
(38) Interior decorating shops (with incidental retail sales);
(39) Jewelry sales and service;
(40) Laundries;
(41) Leather goods and luggage stores;
(42) Offices, when not located on the first floor, including medical/dental offices, real estate, insurance, stockbrokers, financial advisory services, tax services, programming, employment agencies and personnel offices;
(43) Office machines and supplies; (44) Multi-family dwelling units with a minimum density of 20 units per acre on housing opportunity sites as shown in the General Plan;
(45) Music stores;
(46) Newsstands;
(47) Optician and optometrical shops;
(48) Paint, glass and wallpaper stores;
(49) Pet and bird stores;
(50) Photocopying;
(51) Picture framing shops;
(52) Printing, publishing, lithography and engraving;
(53) Radio, television, stereo sales, repair;
(54) Record, tape and compact disc stores;
(55) Restaurants not providing live entertainment or fast food service for carry off trade;
(56) Savings and loan offices;
(57) Shoe stores and repair;
(58) Service uses allowed in the CS zone when not located on the first floor and not displacing a residential use;
(59) Sporting goods stores;
(60) Stamp and coin stores;
(61) Stationery stores;
(62) Tailor and dressmaking;
(63) Ticket agencies;
(64) Toy stores;
(65) Variety stores;
(66) Watch and clock sales and repair; and
(67) Yard goods stores.
(B) No principal permitted use provided for in division (A) above shall include entertainment of customers or clientele by music, actors or singing, nor permit any establishment or business to charge admission or entrance fees.
(Prior Code, § 17.52.040) (Ord. 352, passed - -1973; Am. Ord. 522, passed - -1984; Am. Ord. 689, passed 3-6-2002; Am. Ord. 703, passed 3-2-2004; Am. Ord. 716, passed 9-6-2006; Am. Ord. 788, passed 5-6-2015; Am. Ord. 869, passed 9-7-2022; Am. Ord. 887, passed 2-7-2024)
§ 17.100.050 CONDITIONAL USES AND STRUCTURES. ¶
The following uses may not be established, expanded, substantially modified or changed to another conditional use in the CC zone unless, and until, a use permit is obtained:
(A) Any of the principal permitted uses not conducted entirely within a building;
(B) Drive-up windows or patron service areas and spaces exterior to a building, for any use;
(C) Theaters, nightclubs and entertainment establishments;
(D) Offices and service establishments allowed in § 17.100.040 when on the ground floor;
(E) Wholesale activities which are accessory to a main use on the same premises;
(F) Uses which combine wholesale and retail sales and/or retail and service activities when neither aspect of the business is an accessory or principal use but both are an integral part of the business;
(G) Residential uses such as live/work units or shopkeeper units located above the ground floor of a building (less than 20 dwelling units per acre permitted).
(H) Other uses determined by the Planning Commission as equivalent to those listed in divisions (A) through (G) of this section or which are determined to be equivalent to those listed in § 17.100.040, but requiring regulation of location, extent or operation because of some unique characteristic;
(I) Establishments or businesses which entertain customers or clientele by musicians, actors or singers or establishments which charge admission or entrance fees;
(J) Cigar shops, smoke shops; and
(K) Liquor stores.
(Prior Code, § 17.52.050) (Ord. 352, passed - -1973; Am. Ord. 522, passed - -1984; Am. Ord. 703, passed 3-2-2004; Am. Ord. 716, passed 9-6-2006; Am. Ord. 887, passed 2-7-2024)
§ 17.100.055 PROCEDURE FOR PLANNING DIRECTOR USE DETERMINATION. ¶
(A) Uses not specifically listed in §§ 17.100.040 and 17.100.050 are specifically prohibited unless a use determination by the Planning Director is made which finds the use not specifically listed is similar to another use permitted or conditionally permitted within the Central Commercial District.
(B) The criteria utilized by the Planning Director to determine if a proposed use is sufficiently similar to a permitted use as described in § 17.100.040, and can be processed as such is as follows:
(1) The proposed use must be retail- oriented and closely approximate a use described in § 17.100.040 relative to the type of goods offered and/or service provided;
- (2) The proposed use must cater to and invite pedestrian traffic;
(3) The proposed use encompasses store frontage that is open to the street with window displays that are oriented toward pedestrians.
- (Am. Ord. 703, passed 3-2-2004)
§ 17.100.060 ACCESSORY USES AND STRUCTURES. ¶
Accessory uses and structures in the CC zone are as follows:
(A) Activities which are characteristic of and usually found in connection with a principal use on the same premises and which
are subordinate to, dependent on and economically and operationally integrated into the principal use, including but not limited to the following:
(1) Parking garages and lots;
(2) Storage for principal uses;
(3) Offices for principal uses;
(4) Accessory dwelling units;
(5) Signs;
(6) Mechanical amusement devices, limited to two devices per establishment; and
(7) Mechanical amusement device arcades which have a use permit issued under Chapter 17.032 of this title.
(B) No detached nonresidential accessory structure, whether permanent or temporary, fixed or movable, and regardless of the materials contained therein, shall be allowed, except by use permit.
(C) Short-term rental uses contained within an existing structure permitted for residential use as long as the residential unit is an ADU/JADU constructed prior to January 1, 2020.
(Prior Code, § 17.52.060) (Ord. 352, passed - -1973; Am. Ord. 491, passed - -1982; Am. Ord. 887, passed 2-7-2024; Am. Ord. 891, passed 1-9-2025)
§ 17.100.070 BUILDING SITE REQUIREMENTS. ¶
The minimum density for residential uses is 20 units per acre unless the building site is within a WHO zone in which case the density standards of that overlay zone apply. No other building site requirements apply in the CC zone unless the building site is within a WHO zone in which case the standards of that overlay zone apply. All multi-family dwelling units shall comply with the design standards for multi-family housing in Article IV of Chapter 17.138, and all accessory dwelling units shall comply with the standards of Chapter 17.048.
(Prior Code, § 17.52.070) (Ord. 352, passed - -1973; Am. Ord. 887, passed 2-7-2024)
§ 17.100.080 HEIGHT. ¶
(A) Except as otherwise permitted by variance, no building or structure occupied by a principal use on a lot having a slope of ten percent or less shall exceed a height of 28.5 feet nor contain more than two stories. On lots having a slope in excess of ten percent, no building or structure occupied by a principal use and situated on the downhill side of the street upon which it has its primary frontage shall exceed 35 feet in height, and if situated on the uphill side of the street shall not exceed 28.5 feet in height nor contain more than three stories.
(B) Except as otherwise permitted by variance or by the provisions of § 17.052.020 of this title, no accessory building or structure on any lot shall exceed 15 feet in height nor contain more than one story; provided that, handrails required by the Uniform Building Code shall not be included in measuring height.
(Prior Code, § 17.52.080) (Ord. 352, passed - -1973; Am. Ord. 605, passed - -)
§ 17.100.090 YARDS. ¶
No yards are required, except when a lot line of a lot in the CC zone is the boundary of a residential zone, the central commercial lot shall provide yard space or spaces along and adjacent to the boundary line and along the street property line, equal to that of the abutting yard space or spaces in the residential zone, except as may be otherwise permitted by a use permit.
(Prior Code, § 17.52.090) (Ord. 352, passed - -1973)
§ 17.100.095 DRIVEWAY STANDARDS. ¶
The width and number of driveways for each property within the CH Highway Commercial Zone are regulated by Town Code Chapter 12.12, Driveway Entrances.
(Ord. 875, passed 12-7-2022)
§ 17.100.100 SIGNS. ¶
No sign shall be established or maintained in the CC zone, except as provided in Chapter 17.068 of this title.
(Prior Code, § 17.52.100) (Ord. 352, passed - -1973)
§ 17.100.110 OFF-STREET PARKING AND LOADING. ¶
Off-street parking and loading requirements in the CC zone are as follows.
- (A) General.
(1) Vehicular off-street parking and loading facilities shall be provided on the same building site and immediately adjacent to the use or structure served, except as otherwise provided herein.
(2) In the event of conflict, the provisions of this chapter shall prevail over other provisions of this title.
(B) Standard facilities.
(1) Off-street parking and loading facilities shall be as set forth in Chapter 17.052 of this title.
(2) For any structure or use for which no specific requirements are set forth in this title under Chapter 17.052, the following facilities shall be provided:
(a) One parking space for each 200 square feet or fraction thereof, of gross floor area occupied by, used for or devoted to the entirety of the principal use to be served including accessory uses;
(b) One large off-street loading space for each 20,000 square feet or fraction thereof.
- (C) Exceptions.
(1) For permitted principal uses. Upon approval of a variance therefor, the above standard facilities may be reduced, but only to the degree necessitated, warranted and required by the relevant and consequential facts of each case, when the reduction does not adversely affect the development or use of adjacent properties or public ways, and under one of the following conditions, circumstances or cases:
(a) Conditions of non-conformity which produce and cause, exceptional and extreme hardship or excessive physical difficulty in providing the standard facilities;
(b) Physical conditions, including, but not limited to access, topography and shape, beyond immediate and reasonable remedy by the town, applicant or owner, separately or collectively, which restrict or limit the physical development or use of a building site;
(c) Strict compliance is in conflict with design review findings, criteria or recommendations which are found to be more essential to the common good or to the protection of adjoining properties and uses, public or private;
(d) Facilities and uses owned, operated or conducted by a governmental, public utility or similar public or semi-public entity or agency;
(e) Facilities or uses determined to be singular, unique, transient or intermittent; and/or
(f) A facility or use which is allowed by other provisions of this title to provide less parking facilities.
(2) For conditional uses. The requirements of division (B) of this section may be varied by the terms, provisions or conditions of the use permit approving a conditional use in accordance with the facts, findings and determinations governing approval of the use permit as set forth in Chapter 17.032.
(Prior Code, § 17.52.110) (Ord. 352, passed - -1973; Am. Ord. 522, passed - -1984)
§ 17.100.120 TRAFFIC IMPACT PERMIT. ¶
The provisions of the traffic impact permit, Chapter 17.056 of this title, are applicable to properties in the CC zone.
(Prior Code, § 17.52.120) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986)
§ 17.100.125 VARIANCES. ¶
(A) The Planning Commission may require, as a condition of a variance approved and issued under the provision of this section, a reduction of building height, or buildable area, or any combination thereof, when the reduction is found necessary to protect adjoining property from adverse or detrimental effect, or to prevent the variance from constituting a grant of special privilege.
(B) The Planning Commission may require as a condition of a driveway variance approved and issued under the provision of this section an increase in the width or number of driveways entering a property, when the increase is found necessary to protect adjoining property from adverse or detrimental effect, or to prevent the variance from constituting a grant of special privilege.
(Ord. 875, passed 12-7-2022)
§ 17.100.130 FORMULA BUSINESSES AND RESTAURANTS. ¶
Notwithstanding any other provision of this chapter, any proposed use or structure within the CC zone which constitutes a formula business or formula restaurant, as those terms are defined in § 17.040.210, shall comply with Article II of Chapter 17.040.
(Ord. 787, passed 3-4-2015)
CHAPTER 17.104: CS COMMERCIAL SERVICE ZONE
Section
17.104.010 Generally 17.104.020 Design review 17.104.030 Principal permitted uses and structures 17.104.040 Conditional uses and structures 17.104.045 Procedure for Planning Director use determination 17.104.050 Accessory uses and structures 17.104.060 Building site requirements 17.104.070 Height 17.104.080 Yards 17.104.085 Driveway standards 17.104.090 Signs 17.104.100 Off-street parking and loading 17.104.110 Traffic impact permit 17.104.115 Variances 17.104.120 Formula businesses and restaurants
§ 17.104.010 GENERALLY. ¶
No premises in the CS commercial service zone may be used for any purpose or in any manner, except as set forth in this chapter.
(Prior Code, § 17.54.010) (Ord. 352, passed - -1973)
§ 17.104.020 DESIGN REVIEW. ¶
All structures, physical improvements and exterior physical modifications of buildings in the CS zone are subject to design review unless specifically exempted in each instance by the Planning Commission or other provisions of this title.
(Prior Code, § 17.54.020) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)
§ 17.104.030 PRINCIPAL PERMITTED USES AND STRUCTURES. ¶
(A) Principal permitted uses and structures in the CS zone are lumber yards, home improvement centers and building and construction supply businesses.
(B) The uses shall be conducted entirely within a building and are restricted to the following: warehouse, storage, wholesale and distribution facilities having no manufacturing, processing, fabrication, assembly or similar activities on the premises as a part or accessory thereto.
(C) No principal permitted use provided for in division (A) above shall include entertainment of customers or clientele by music, actors or singing, nor permit any establishment of business to charge admission or entrance fees.
(Prior Code, § 17.54.030) (Ord. 352, passed - -1973)
§ 17.104.040 CONDITIONAL USES AND STRUCTURES. ¶
The uses may not be established, expanded, substantially modified or changed to another conditional use unless and until a use permit is obtained:
(A) Permitted principal uses with minor and accessory fabrication or assembly activities, but not including any manufacturing or processing activities; when the entirety of the use, both principal and accessory, is contained entirely within a building;
(B) Permitted principal uses not conducted entirely within a building;
(C) Building contractors facilities provided the premises is the legal or principal business address of the contractor, and provided there is no storage, repair or servicing of transport trucks, tractors, cranes, compressors and similar or other heavy equipment on the premises;
(D) Wholesale bakeries, bottling plants, laundries and dry cleaning plants, when operated entirely within a building;
(E) Printing and publishing plants;
(F) Other uses determined by the Planning Commission as similar to those listed in divisions (A) through (E) above, or which are determined to be similar to those listed in § 17.104.030, but requiring regulation of location, extent or operation because of some unique characteristic; and
(G) Establishments or businesses which entertain customers or clientele by musicians, actors or singers or establishments which charge admission or entrance fees.
(Prior Code, § 17.54.040) (Ord. 352, passed - -1973)
§ 17.104.045 PROCEDURE FOR PLANNING DIRECTOR USE DETERMINATION. ¶
Uses not specifically listed in §§ 17.104.040 and 17.104.050 are specifically prohibited unless a use determination by the Planning Director is made which finds the use not specifically listed is similar to another use permitted or conditionally permitted within the Commercial Service Zone.
§ 17.104.050 ACCESSORY USES AND STRUCTURES. ¶
(A) Accessory uses and structures in the CS zone are activities which are characteristic of, and usually found in connection with, a principal use on the same premises, and which are subordinate to, dependent on and economically and operationally integrated into the principal use.
(B) No detached accessory structure, whether permanent or temporary, fixed or movable, and regardless of the materials contained therein, is allowed, except by use permit.
(Prior Code, § 17.54.050) (Ord. 352, passed - -1973)
§ 17.104.060 BUILDING SITE REQUIREMENTS. ¶
Building site requirements in the CS zone are as follows:
(A) Twenty thousand square feet, with a minimum width of 100 feet.
(B) A use permit must be first secured for any use, occupancy of, physical improvement of, or on, a building site failing to meet the requirements; and the use permit shall not allow or authorize any use not allowed elsewhere in the CS zone, and on other building sites therein.
(Prior Code, § 17.54.060) (Ord. 352, passed - -1973)
§ 17.104.070 HEIGHT REGULATIONS. ¶
Height restrictions in the CS zone are: one story and 15 feet.
(Prior Code, § 17.54.070) (Ord. 352, passed - -1973)
§ 17.104.080 YARDS. ¶
(A) No yards are required, except when a lot line of a lot in the CS zone is the boundary of a residential zone.
(B) When a lot line of a lot in the CS zone is the boundary of a residential zone, the CS lot shall provide yard space, or spaces, along and adjacent to the boundary line, and along the street property line equal to that of the abutting yard space, or spaces, in the residential zone, except as may be otherwise permitted by a use permit.
(Prior Code, § 17.54.080) (Ord. 352, passed - -1973)
§ 17.104.085 DRIVEWAY STANDARDS. ¶
The width and number of driveways for each property within the CH Highway Commercial Zone are regulated by Town Code Chapter 12.12, Driveway Entrances.
(Ord. 875, passed 12-7-2022)
§ 17.104.090 SIGNS. ¶
No sign shall be established or maintained in the CS zone, except as provided in Chapter 17.064 of this title.
(Prior Code, § 17.54.090) (Ord. 352, passed - -1973)
§ 17.104.100 OFF-STREET PARKING AND LOADING. ¶
Off-street parking and loading requirements in the CS zone are as follows.
(A) General.
(1) Vehicular off street parking and loading facilities shall be provided on the same building site and immediately adjacent to the use or structure served, except as provided herein.
- (2) In the event of conflict, the provisions of this chapter shall prevail over other provisions of this title.
(B) Standard facilities.
- (1) Off-street parking and loading facilities shall be as set forth in Chapter 17.052 of this title.
(2) For any structure or use for which no specific requirements are set forth in this title in Chapter 17.052, the following facilities shall be provided:
(a) One parking space for each 200 square feet, or fraction thereof, of gross floor area occupied by, used for, or devoted to the entirety of the principal use to be served including accessory uses;
- (b) One large off-street loading space for each 20,000 square feet or fraction thereof.
(C) Exceptions.
(1) For permitted principal uses. Upon approval of a use permit therefor, the above standard facilities may be reduced, but only to the degree necessitated, warranted and required by the relevant and consequential facts of each case, when the reduction does not adversely affect the development or use of adjacent properties of public ways, and under the following conditions, circumstances or cases:
(a) Conditions of non-conformity which produce and cause exceptional and extreme hardship or excessive physical difficulty in providing the standard facilities;
(b) Physical conditions, including, but not limited to access, topography and shape, beyond immediate and reasonable remedy by the town, applicant or owner, separately or collectively, which restrict or limit the physical development or use of a building site;
(c) Strict compliance is in conflict with design review findings, criteria or recommendations which are found to be more essential to the common good or to the protection of adjoining properties and uses, public or private;
(d) Facilities and uses owned, operated or conducted by a governmental, public utility or similar public or semi-public entity or agency;
(e) Facilities or uses determined to be singular, unique, transient or intermittent; and
(f) A facility of use which is allowed by other provisions of this title to provide less parking facilities.
(2) For conditional uses. The requirements of division (B) of this section may be varied by the terms, provisions or conditions of the use permit approving a conditional use in accordance with the facts, findings and determinations governing the approval of the use permit as set forth in Chapter 17.032 and in conformity with design review requirements of Chapter 17.020.
(Prior Code, § 17.54.100) (Ord. 352, passed - -1973)
§ 17.104.110 TRAFFIC IMPACT PERMIT. ¶
The provisions of the traffic impact permit Chapter 17.056 of this title, are applicable to properties in the CS zone.
(Prior Code, § 17.54.110) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986)
§ 17.104.115 VARIANCES. ¶
(A) The Planning Commission may require, as a condition of a variance approved and issued under the provision of this section, a reduction of building height or buildable area, or any combination thereof, when the reduction is found necessary to protect adjoining property from adverse or detrimental effect, or to prevent the variance from constituting a grant of special privilege.
(B) The Planning Commission may require as a condition of a driveway variance approved and issued under the provision of this section an increase in the width or number of driveways entering a property, when the increase is found necessary to protect adjoining property from adverse or detrimental effect, or to prevent the variance from constituting a grant of special privilege.
(Ord. 875, passed 12-7-2022)
§ 17.104.120 FORMULA BUSINESSES AND RESTAURANTS. ¶
Notwithstanding any other provision of this chapter, any proposed use or structure within the CS zone which constitutes a formula business or formula restaurant, as those terms are defined in § 17.040.210, shall comply with Article II of Chapter 17.040.
(Ord. 787, passed 3-4-2015)
CHAPTER 17.108: CR COMMERCIAL RECREATION ZONE
Section
17.108.010 Purpose
17.108.020 General provisions 17.108.030 Principal permitted uses and structures
17.108.040 Conditional uses and structures
17.108.050 Accessory uses and structures 17.108.060 Development procedures and standards
17.108.070 Traffic impact permit
§ 17.108.010 PURPOSE. ¶
(A) The CR commercial recreation zone provides a location for private, as opposed to publicly owned or operated, recreation facilities.
(B) The facilities may be single-purpose and occupy large land area, as in the case of a golf course or country club; they may also consist of a complex of associated activities, such as an amusement arcade or carnival, or a resort hotel.
(C) The uses in this zone tend toward physical activity in the open, and consequently adequate land area, careful design of improvements and control of the type and location of activities are necessary to protect surrounding properties.
(Prior Code, § 17.56.010) (Ord. 352, passed - -1973)
§ 17.108.020 GENERAL PROVISIONS. ¶
(A) No premises in the CR zone may be used for any purpose or in any manner, except as set forth in this chapter.
(B) All structures, physical improvements and exterior physical modifications of building are subject to design review unless specifically exempted in each instance by the Planning Commission.
(Prior Code, § 17.56.020) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)
§ 17.108.030 PRINCIPAL PERMITTED USES AND STRUCTURES. ¶
The following are principal permitted uses and structures in the CR zone:
(A) When conducted on a building site of not less than ten acres:
(1) Private recreation clubs including boat, swim, fishing, golf, tennis, riding and country clubs;
(2) Other uses determined by the Planning Commission to be of a similar nature to those listed in division (A)(1) above, and which comply with the objectives, purposes, policies and standards of the Fairfax Area General Plan;
(3) All other commercial recreational uses and structures specifically approved by the Planning Commission as part of a development plan or master plan approved by the Planning Commission; and
(4) Public recreation facilities and structures approved by the Town Council after referral of the proposals to the Planning Commission and Parks and Recreation Commission.
(B) No principal permitted use provided for in division (A) above shall include entertainment of customers or clientele by music, actors or singing, nor permit any establishment or business to charge admission or entrance fees.
(Prior Code, § 17.56.030) (Ord. 352, passed - -1973)
§ 17.108.040 CONDITIONAL USES AND STRUCTURES. ¶
(A) The following uses may not be established, expanded, substantially modified or changed to another conditional use in the CR zone unless and until a use permit is obtained:
- (1) Any principal permitted use or structure on a building site of less than ten acres;
(2) Any commercial or residential use or structure which is determined by the Planning Commission to be accessory and incidental to an allowed principal recreational use, including, but not limited to quarters for custodians, watchmen and other service employees employed or engaged in serving the principal recreational use and commercial establishments including, but not limited to restaurants, bars, retail establishments and service establishments which are operated in connection with, serve the same patrons as, and are accessory and incidental to an allowed principal recreational use; provided further that no such accessory use or structure allowed by the provisions of this division (A)(2) shall under any circumstances become a principal recreational use unless so allowed by other provisions of this chapter;
- (3) Signs not specifically allowed or provided for by Chapter 17.064 of this title;
(4) Signs which are not visible beyond the boundary line of the use or activity so advertised, but which would ordinarily be prohibited by Chapter 17.064 of this title; provided that, any sign allowed shall be reviewed by the Planning Commission;
(5) Establishments or businesses which entertain customers or clientele by musicians, actors or singers or establishments which charge admission or entrance fees;
(6) Mechanical amusement device arcades subject to the following standards:
(a) Use permits shall be granted for periods of no more than six months initially. The Planning Commission may approve extensions. In approving use permits and extensions, findings must be made that the use will not or has not created or increased the incidence of excessive loitering, vandalism, pedestrian obstruction, noise or any other activity that may have an adverse effect on adjacent or vicinity properties, residences or businesses,
(b) Hours of operation shall be no later than 10:00 p.m. The Planning Commission may grant exceptions to this limitation for adults-only establishments or when it is demonstrated that the use is clearly ancillary to another use.
(B) In no case shall commercial or residential structures cover more than ten percent of the area; in no case shall accessory structures requiring a use permit be permitted to cover more than ten percent of the property.
(Prior Code, § 17.56.040) (Ord. 352, passed - -1973; Am. Ord. 491, passed - -1982; Am. Ord. 764, passed 2-1-2012)
§ 17.108.050 ACCESSORY USES AND STRUCTURES. ¶
(A) Accessory uses and structures in the CR zone are activities which are characteristic of, and usually found in connection with, a principal use on the same premises, and which are subordinate to, dependent upon, and economically and operationally integrated into the principal use.
(B) No detached accessory structure, whether permanent or temporary, fixed or movable, and regardless of the materials contained therein, are allowed, except by use permit.
(Prior Code, § 17.56.050) (Ord. 352, passed - -1973)
§ 17.108.060 DEVELOPMENT PROCEDURES AND STANDARDS. ¶
The following development procedures and standards apply in the CR zone:
(A) Every commercial recreation use, facility or development, and every addition, modification or change thereof, shall subject to design review unless specifically exempted by the Planning Commission.
(B) For every commercial recreation use, facility or development requiring a use permit, any design review approval secured in connection therewith shall not be effective and final until the use permit is effective and final.
(C) The Planning Commission, in considering a use permit under the provisions of this chapter, may require information, maps, reports, drawings and other submissions in addition to those required for design review.
(D) Except as otherwise provided or required by use permit, each commercial recreation use, facility or development shall comply with all other relevant standards of this title, including off-street parking, design review and sign regulations.
(Prior Code, § 17.56.060) (Ord. 352, passed - -1973; Am. Ord. 764, passed 2-1-2012)
§ 17.108.070 TRAFFIC IMPACT PERMIT. ¶
The provisions of the traffic impact permit, Chapter 17.056 of this title, are applicable to properties in the CR zone.
(Prior Code, § 17.56.070) (Ord. 352, passed - -1973; Am. Ord. 553, passed - -1986)