Fairfax Municipal Code Ch. 12.12 Driveway Entrances

It is ordained, found and determined that public interest, health, safety, convenience and necessity and the normal and ordinary use of the streets and sidewalks in the town require that the location and width of driveway entrances or approaches in the town be regulated and limited.

(Prior Code, § 12.12.010)

It is unlawful for any person to cut or remove the curb on any public street, to erect, construct or maintain any driveway entrance or approach leading from the street into any premises, structure or building frontage thereon or for any other purpose or to erect, construct or maintain any such driveway entrance or approach where no established curb exists without first having secured a written permit so to do from the Superintendent of Streets of the town, and then only upon the following terms, conditions and regulations as to permitted widths and locations of the driveway entrances or approaches, according to the use to be made of the premises, structure or building.

(Prior Code, § 12.12.020)

Any driveway entrance or approach leading from the street into any premises, structure or building to be used exclusively for residential purposes shall not be of greater width than 20 feet, measured over the sidewalk area, nor shall any such driveway entrance or approach be permitted within 30 feet of the corner of any intersecting street.

(Prior Code, § 12.12.030)

Any driveway entrance or approach leading from the street into any premises, structure or building to be used for manufacturing, industrial or commercial purposes shall not be of greater width than 40 feet, nor shall any such driveway entrance or approach be permitted within 30 feet of the corner of any intersecting street.

(Prior Code, § 12.12.040)

No additional driveway entrances or approaches shall be erected, constructed or maintained into or from the same premises, structure or building used for residential purposes in the town; except that if any such premises, structure or building is situated on a corner of intersecting streets, then one additional driveway or approach may be erected, constructed or maintained into or from the premises, structure or building provided each of the driveways or approaches shall be from separate street frontages; and further excepting that if any such premises, structure or building shall be maintained for multiple housing, then one additional driveway or approach may be erected, constructed or maintained into or from the premises, structure or building; provided that, the two driveways or approaches on one street frontage shall be separated by a sidewalk area or island not less than 40 feet in width from any other driveway entrance or approach, measured at the narrowest point.

(Prior Code, § 12.12.050)

No additional driveway entrances or approaches shall be erected, constructed or maintained into the same premises, structure or building used for manufacturing, industrial or commercial purposes at a distance closer than 22 feet to any existing driveway entrance or approach; and in all cases where two or more driveway entrances or approaches are erected, constructed or maintained, they shall be separated by a sidewalk area or island not less than 22 feet in width at the narrowest point to any existing driveway entrance or approach.

(Prior Code, § 12.12.060)

Any driveway entrance or approach constructed in the town shall be so erected, constructed or maintained as to not impair the sidewalk area for pedestrian travel, and all such driveway entrances or approaches across the sidewalk area of any public street shall be erected or constructed pursuant to any and all ordinances of the town regulating the location, size, grade and the type of materials to be used in the paving of the sidewalk area and the grade and slope of any such driveway entrances or approaches.

(Prior Code, § 12.12.070)

The Building Inspector of the town shall refuse to grant a building permit to any person insofar as this chapter is concerned unless and until any and all driveways and sidewalks conform to this chapter. The Building Inspector is authorized, empowered and directed to stop work on any construction within the commercial or industrial districts of the town if the driveways and sidewalks in and about the driveways do not conform to this chapter.

(Prior Code, § 12.12.080)

The Planning Commission is authorized and empowered to grant adjustments and variances from the provisions of this chapter, provided it is shown to the satisfaction of the Planning Commission, and the Planning Commission finds that all of the following are shown to exist in the particular case:

(A) There are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings or uses in the same district;

(B) The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner; and

(C) The granting of the application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(Prior Code, § 12.12.090) (Am. Ord. 875, passed 12-7-2022)