The Code Of The County Of Fairfax Virginia 1976  


Chapter 69. Swimming Pool Ordinance
Chapter 69.1. Water Recreation Facilities Ordinance
Chapter 70. Water
Chapter 70.1. Private Water Well Ordinance
Chapter 71. Expedited Building Plan Review
Chapter 81. Emergency Ambulance and Rescue Services
Chapter 82. Motor Vehicles and Traffic
Chapter 83. Boats
Chapter 84. Public Transportation.(Repealed by 47-92-84.1)
Chapter 84.1. Public Transportation
Chapter 85. Conduct on Vehicles
Chapter 101. Subdivision Provisions
Chapter 102. Streets and Sidewalks
Chapter 103. Air Pollution Control
Chapter 104. Erosion and Sedimentation Control
Chapter 105. Reserved
Chapter 106. Reserved
Chapter 107. Problem Soils
Chapter 108.1. Noise
Chapter 109. Reserved
Chapter 109.1. Solid Waste Management
Chapter 110. Inoperative Motor Vehicles, Trailers and Semitrailers
Chapter 111. Reserved
Chapter 113. Water Use, Emergency Regulations
Chapter 114. Agricultural and Forestal Districts of Statewide Significance
Chapter 115. Local Agricultural and Forestal Districts
Chapter 116. Wetlands Zoning Ordinance
Chapter 117. Expedited Land Development Review
Chapter 118. Chesapeake Bay Preservation Ordinance
Chapter 119. Grass or Lawn Area
Chapter 120. Heritage, Specimen, Memorial and Street Tree Ordinance
Chapter 121. Defacement and Damage to Certain Public and Private Property
Chapter 122. Tree Conservation Ordinance
Chapter 123. Coastal Primary Sand Dune Zoning Ordinance
Chapter 124. Stormwater Management Ordinance
Appendix A. Flood Plains
Appendix B. Sunday Closing Law
Appendix C. Northern Virginia Cigarette Tax Board Charter
§ 1. Creation; purpose; organization
§ 2. Duration of participation
§ 3. Membership
§ 4. Powers delegated to the board
§ 5. Duties of the administrator
§ 6. Duties of the treasurer
§ 7. Collection of the cigarette tax
§ 8. Disbursement of receipts; management of the fund
§ 9. Allocation of administrative costs
§ 10. Termination
Appendix D. Industrial Development Authority
§ 1. There is hereby created the "Industrial Development Authority of Fairfax County, Virginia."
§ 2.
§ 3.
Appendix E. District Ordinances for Agricultural and Forestal Districts of Statewide Significance
E-1. Patowmack Farm Statewide Agricultural and Forestal District (AR 80-D-001-03)
E-2. Mason Neck Agricultural and Forestal District (AR 81-V-001 and AA 81-V-001)
E-3. Sappington Statewide Agricultural and Forestal District Amendment (AA 91-Y-002)
E-4. Belmont Bay Farms Statewide Agricultural and Forestal District (AR 92-V-001)
E-5. Stone Bridge Statewide Agricultural and Forestal District (AF 93-Y-001)
E-6. Whitehall Statewide Agricultural and Forestal District (AA 83-S-004-2)
E-7. Kincheloe Statewide Agricultural and Forestal District (AF 2013-SP-001)
Appendix F. District Ordinances for Local Agricultural and Forestal Districts
F-1. Wright Local Agricultural and Forestal District (AR 83-S-001).
F-2. Barksdale Local Agricultural and Forestal District (AR 83-S-002)
F-3. Whitehall Local Agricultural and Forestal District (AA 83-S-004)
F-4. Cornfield Local Agricultural and Forestal District (AR 83-D-005-03)
F-5. Cajoll Local Agricultural and Forestal District (AR 83-D-006-03)
F-6. Hantslot Local Agricultural and Forestal District (AR 83-S-007-03)
F-7. Popes Head Local Agricultural and Forestal District (AR 83-S-008-03)
F-8. Dunbarton Local Agricultural and Forestal District (AA 83-D-009)
F-9. Bull Run Thoroughbred Farm Agricultural and Forestal District (AF 83-S-011)
F-10. Walnut Ridge Local Agricultural and Forestal District (AR 83-S-011-03)
F-11. Dogwood Lane Farm Local Agricultural and Forestal District (AF 84-D-003)
F-12. Belmont Bay Farms Local Agricultural and Forestal District (AF 84-V-002)
F-13. Hidden Springs Farm Local Agricultural and Forestal District (AR 84-D-004-03)
F-14. Moutoux Orchard Local Agricultural and Forestal District (AR 84-D-005-2)
F-15. Potomac Vegetable Farm Local Agricultural and Forestal District (AR 84-D-006)
F-16. Belmont Bay II Local Agricultural and Forestal District (AR 84-V-007-03)
F-17. Hart Farm Agricultural and Forestal District (AF 84-S-008)
F-18. Briarfield Manor Local Agricultural and Forestal District (AR 84-S-001)
F-19. Jarvis Local Agricultural and Forestal District (AR 85-V-002-03)
F-20. Middleton Farms Local Agricultural and Forestal District (AR 86-C-001)
F-21. Knipling Local Agricultural and Forestal District (AR 87-V-001-3)
F-22. Cox Local Agricultural and Forestal District (AR 87-S-003-3)
F-23. Rhinehart Local Agricultural and Forestal District (AR 87-D-002-2)
F-24. Podolnick Local Agricultural and Forestal District (AR 88-S-001-02)
F-25. Launders Local Agricultural and Forestal District (AF 88-C-002)
F-26. Ma Local Agricultural and Forestal District (AR 89-S-002-02)
F-27. Reed Local Agricultural and Forestal District (AR 89-S-003-02)
F-28. Foster Local Agricultural and Forestal District (AR 89-S-004-02)
F-29. Jasper Local Agricultural and Forestal District (AR 89-S-005-02)
F-30. Smith Local Agricultural and Forestal District (AR 89-S-006)
F-31. Eagle Local Agricultural and Forestal District (AR 89-D-001-02)
F-32. Swope Local Agricultural and Forestal District (AF 90-C-001)
F-33. Bonnie Foster Local Agricultural and Forestal District (AR 90-D-002)
F-34. Jewett Local Agricultural and Forestal District (AR 90-D-003-02)
F-35. JLB Associates Local Agricultural and Forestal District (AR 90-S-004-02)
F-36. Klare Local Agricultural and Forestal District (AR 90-S-005-02)
F-37. Richardson Local Agricultural and Forestal District (AR 91-Y-001-02)
F-38. Gilliam Local Agricultural and Forestal District (AF 91-S-003)
F-39. Orchard Spring Nursery Local Agricultural and Forestal District (AR 91-D-004-02)
F-40. Alphin Local Agricultural and Forestal District (AF 91-S-005)
F-41. Eagle II Local Agricultural and Forestal District (AR 88-S-001-02)
F-42. Bloomer Local Agricultural and Forestal District (AF 91-V-007)
F-43. Hill's Plant Nursery Local Agricultural and Forestal District (AR 91-D-008-02)
F-44. Salona Local Agricultural and Forestal District (AF 91-D-009)
F-45. Armstrong Local Agricultural and Forestal District (AF 92-S-002)
F-46. The Farm at Clifton Station Local Agricultural and Forestal District (Formerly Boley) (AR 93-S-003-02)
F-47. Schreiner Local Agricultural and Forestal District (AF 93-D-002)
F-48. Kincheloe Local Agricultural and Forestal District (AR 95-S-001)
F-49. McInturff-Stewart Local Agricultural and Forestal District (AR 96-D-001)
F-50. Castro Local Agricultural and Forestal District (AR 96-S-002-02)
F-51. Reserved
F-52. Bierly Local Agricultural and Forestal District (AR 98-S-001)
F-53. Leggett Local Agricultural and Forestal District (AF 99-D-001)
F-54. Krop Local Agricultural and Forestal District (AR 99-D-002)
F-55. Longacre Farm Local Agricultural and Forestal District (AF 00-D-001)
F-56. Potomac Vegetable Farm II Local Agricultural and Forestal District (AA 01-H-001)
F-57. Kincheloe II Local Agricultural and Forestal District (AF 01-S-002)
F-58. Kosters Local Agricultural and Forestal District (AF 2004-SP-001)
F-59. Sanders Local Agricultural and Forestal District (AR 2005-SU-002)
F-60. Simanson Local Agricultural and Forestal District (AF 2005-DR-001)
F-61. Whitney Local Agricultural and Forestal District (AF 2006-DR-001)
F-62. Schulz Local Agricultural and Forestal District (AF 2006-SP-002)
F-63. Fink-Butler Local Agricultural and Forestal District (AF 2007-SU-001)
F-64. Keener Local Agricultural and Forestal District (AF 2007-SP-002)
F-65. Kincheloe Local Agricultural and Forestal District (AF 2009-SP-001)
F-66. Crawford Local Agricultural and Forestal District (AF 2009-SP-002)
F-67. Hall Local Agricultural and Forestal District (AF 2008-SP-001)
F-68. Armstrong Local Agricultural and Forestal District (AF 2010-SP-001)
F-69. Hickox Local Agricultural and Forestal District (AF 2012-SU-001)
F-70. Kulbok Local Agricultural and Forestal District (AF 2013-SU-002)
Appendix G. Residential Permit Parking Districts
G-1. Huntington Residential Permit Parking Districts
G-2. West Falls Church Residential Permit Parking District
G-3. Dunn Loring Residential Permit Parking District
G-4. Vienna Residential Permit Parking District
G-5. Lake Braddock Residential Permit Parking District
G-6. South Lakes Residential Permit Parking District
G-7. West Springfield Residential Permit Parking District
G-8. Robinwood Lane Residential Permit Parking District
G-9. Culmore Residential Permit Parking District
G-10. Reserved. (Repealed by 40-04-G-10)
G-11. Madison Residential Permit Parking District
G-12. Briarwood Farms Residential Permit Parking District
G-13. Greenway Downs Residential Permit Parking District
G-14. Annandale Residential Permit Parking District
G-15. Munson Hill Residential Permit Parking District
G-16. Little Rocky Run Residential Permit Parking District
G-17. Robinson Residential Permit Parking District
G-18. Sunset Manor Residential Permit Parking District
G-19. Oakton Residential Permit Parking District
G-20. Langley Residential Permit Parking District
G-21. McLean Residential Permit Parking District
G-22. Woodson Residential Permit Parking District
G-23. Hayfield Residential Permit Parking District
G-24. Mount Vernon Residential Permit Parking District
G-25. Franconia-Springfield Residential Permit Parking District
G-26. Herndon Residential Permit Parking District
G-27. Jefferson Residential Permit Parking District
G-28. Broyhill Park Residential Permit Parking District
G-29. Chantilly Residential Permit Parking District
G-30. Tysons Corner Residential Permit Parking District
G-31. Skyline Residential Permit Parking District
G-32. Lee Residential Permit Parking District
G-33. Springdale Residential Permit Parking District
G-34. Graham Residential Permit Parking District
G-35. Cedar Residential Permit Parking District
G-36. West Potomac Residential Permit Parking District
G-37. Annandale Terrace Residential Permit Parking District
G-38. J.E.B. Stuart Residential Permit Parking District
G-39. Northern Virginia Community College Residential Permit Parking District
G-40. George Mason University Residential Permit Parking District
G-41. Laurel Hill Residential Permit Parking District
G-42. Tapestry Residential Permit Parking District
G-43. Polo Fields Residential Permit Parking District
G-44. Falls Hill Residential Permit Parking District
G-45. Pine Spring Residential Permit Parking District
Appendix H. Cable Television Franchises
Appendix I. Fairfax County Special Service District for the Control of Infestations of Insects that May Carry a Disease that is Dangerous to Humans, Gypsy Moths, Cankerworms and Certain Identified Pests
§ 1. Creation of the Special Service District; name and boundaries
§ 2. Purpose of the Service District
§ 3. General provisions and powers
§ 4. Facilities and services to be provided
§ 5. Annual tax levy; collection and expenditure of funds
§ 6. Plan for forest pest control services
§ 7. Plan for the control of insects that may carry a disease that is dangerous to humans (Disease-Carrying Insects)
§ 8. Benefits to be expected from the service district
Appendix J. Ordinance to Designate Areas Where Firearms and Pneumatic Guns May Not Be Shot
Appendix K. Designation of Snow Emergency Routes
Appendix L. Ordinance to Designate No Wake Zones
§ 1. Little Hunting Creek No Wake Zone
§ 2. Dogue Creek No Wake Zone
Appendix M. Community Parking Districts
M-1. Beechwood Community Parking District
M-2. Manchester Lakes Community Parking District
M-3. Vantage Hill Community Parking District
M-4. Penderbrook Community Parking District
M-5. Green Trails Community Parking District
M-6. Centre Ridge Community Parking District
M-7. Cabell's Mill Community Parking District
M-8. Riverview Community Parking District
M-9. Southrun Community Parking District
M-10. Lackawanna Community Parking District
M-11. Kingstowne Community Parking District
M-12. Burgoyne Forest Community Parking District
M-13. Signal Hill Community Parking District
M-14. West Hampton Community Parking District
M-15. Stone Creek Crossing Community Parking District
M-16. Pinecrest Community Parking District
M-17. Fair Oaks/Fair Woods Community Parking District
M-18. Danbury Forest Community Parking District
M-19. Landsdowne Community Parking District
M-20. Union Mills Community Parking District
M-21. Burke Centre Community Parking District
M-22. Cardinal Forest Community Parking District
M-23. Hillside Community Parking District
M-24. Orange Hunt Community Parking District
M-25. Second London Towne Community Parking District
M-26. Woodgate Community Parking District
M-27. Fair Oaks Chase Community Parking District
M-28. Colony Park Community Parking District
M-29. Sully Station II Community Parking District
M-30. Daventry Community Parking District
M-31. Island Creek Community Parking District
M-32. Greentree Village Community Parking District
M-33. Keene Mill Village IV Community Parking District
M-34. Newgate Community Parking District
M-35. Franklin Glen Community Parking District
M-36. Little Rocky Run Community Parking District
M-37. Lake Braddock Community Parking District
M-38. North Lake Village Community Parking District
M-39. Compton Village Community Parking District
M-40. Newington II Community Parking District
M-41. Newington Community Parking District
M-42. Sequoia Farms Community Parking District
M-43. Meadows Community Parking District
M-44. Old Centreville Community Parking District
M-45. Runnymeade Community Parking District
M-46. Mount Vernon Community Parking District
M-47. Potters Glen Community Parking District
M-48. White Oaks Community Parking District
M-49. Pinewood Greens Community Parking District
M-50. Sully Station Community Parking District
M-51. Somerset Community Parking District
M-52. Golf Course Square Community Parking District
M-53. Burke Station Square Community Parking District
M-54. Ashgrove Plantation Community Parking District
M-55. Colvin Meadows Community Parking District
M-56. Hayfield View Community Parking District
M-57. Cedar Lakes Community Parking District
M-58. Caroline Oaks Community Parking District
M-59. Singletons Grove Community Parking District
M-60. Reston Community Parking District
M-61. Cherry Run Community Parking District
M-62. Lakeford Community Parking District
M-63. Grove at Huntley Meadows Community Parking District
M-64. St. John Community Parking District
M-65. Robin Glen Community Parking District
M-66. Old Mill Community Parking District
M-67. South Run Crossing Community Parking District
M-68. Lee Community Parking District
M-69. Amberwood Community Parking District
M-70. Franklin Farm Community Parking District
M-71. Timber Ridge Community Parking District
M-72. Springfield Community Parking District
M-73. Prosperity Heights Community Parking District
M-74. Heritage Forest Community Parking District
M-75. Armfield Farm Community Parking District
M-76. Zion Community Parking District
M-77. Bonnie Brae Community Parking District
M-78. Pickwick Community Parking District
M-79. Reflection Community Parking District
M-80. Old Mill Station Community Parking District
M-82. Strathmeade Square Community Parking District
Appendix N. Heritage, Specimen, Memorial, and Street Trees Ordinances
Appendix O. Fairfax County Stormwater Service District
§ 1. Creation of the Stormwater Service District; name and boundaries
§ 2. Purpose of the Stormwater Service District
§ 3. General provisions and powers
§ 4. Facilities and services to be provided
§ 5. Plan for Stormwater services and facilities
§ 6. Benefits to be expected from the Stormwater Service District
Appendix P1. Community Development Authorities
P-1. Mosaic District Community Development Authority.
Appendix Q. Land Development Services Fee Schedule
Appendix R. Ordinance Designating Long Term Parking Restrictions
Appendix S.1. Public Highways Designated for Golf Cart Use
Appendix T.
§ 1. Exempt Entities
Appendix U. Fairfax County Tysons Transportation Service District No. 1
§ 1. Creation of the Tysons Transportation Service District No. 1; Name and Boundaries
§ 2. Purpose of the District
§ 3. General provisions and powers
§ 4. Facilities and services proposed within the District
§ 5. Plan for transportation services and improvements
§ 6. Benefits expected from the provision of transportation facilities, equipment, and services within the District

THE CODE
OF THE
COUNTY OF FAIRFAX
VIRGINIA
1976

____________

THE GENERAL ORDINANCES OF THE COUNTY

____________

REPLACEMENT VOLUME INCLUDING
SUPPLEMENT NO. 41, 8-89

PUBLISHED BY ORDER OF THE
BOARD OF SUPERVISORS

____________

ORIGINALLY PUBLISHED BY

NIMLO
Washington, D.C.
1976

COMMENCING WITH SUPPLEMENT NO. 1, 12-77

PUBLISHED IN 1989 BY

PREFACE

"This Code" which is the 1976 Revision and Codification of the Ordinances of Fairfax County, Virginia, except those ordinances expressly saved from repeal by the Adopting Ordinance, contains the general and permanent ordinances of Fairfax County together with various nationally approved Codes and subsidiary Codes, which Codes are adopted by reference in "This Code", with copies available in the appropriate County offices.

The ordinances contained in "This Code" were classified according to subject matter, obsolete and conflicting provisions were eliminated and the remainder edited and in many instances, substantially revised.

To facilitate usage, the Code has been divided into six unofficial Parts. Each Part has been assigned twenty Chapters and those Chapters which are not presently being utilized have been reserved for the inclusion of materials in the future. Each Chapter is preceded by a Chapter Table of Contents which designates the material included within the Chapter. The general index, which appears at the end of the Code will serve as an accurate aid in locating specific provisions within the Code. Where appropriate, the Chapters have been subdivided into Articles, Divisions and Sections. Catchlines precede each of the various Code Sections. These Catchlines indicate in capsule form the contents of each Section.

The legislative history appearing at the end of each Section in the Code will enable the user to readily ascertain the ordinance from which the Section has been derived and the Section's position in the 1961 codification.

Each Code Section number consists of three component parts separated by dashes. The figure to the far left and preceding the first dash (-) refers to the Chapter number. The figure following the first dash and before the second dash, therefore between the two dashes, indicates the Article position within the Chapter. The figure to the far right and following the second dash refers to the position of the Section within the Chapter. Accordingly, Section 10-3-12 indicates the tenth Chapter, the third Article within the Chapter and the twelfth Section within the Article. In addition, a uniform system of designating sub-classifications of Sections has been utilized throughout.

New material may be inserted in the Code without disturbing the existing numbering scheme by using a decimal system of numbering. For instance, if three New Sections logically should be placed between Section 10-3-12 and 10-3-13, such new Sections could be designated Sections 10-3-12.1, 10-3-12.2, and 10-3-12.3, respectively. New Chapters may be included by the addition of a capital letter after the Chapter number. If the new Chapter is to be included between Chapter 18 and Chapter 19, it would be designated Chapter 18A.

By using the decimal system, new Articles and Divisions also may be inserted in the Code between existing Articles and Divisions. If logic requires, new Articles and Divisions may be inserted at the end of the appropriate Chapter or Article, with the next successive number being assigned to the Article or Division.

The loose-leaf binder housing the Code facilitates the addition or removal of future ordinances and should serve as a convenient device for keeping the Code current.

Footnotes are contained throughout the Code in an effort to correlate related Code provisions, relevant Virginia State laws and reported court decisions.

The National Institute of Municipal Law Officers (NIMLO) wishes to express its appreciation to the officials and employees of Fairfax County during the preparation of the Fairfax codification. Particular appreciation is due F. Lee Ruck, County Attorney, all Assistant County Attorneys and Mary Markham, Administrative Aide to the County Executive for their assistance during the progress of the codification.

"This Code" was prepared by NIMLO Staff Attorneys Abe J. Rosenbleet and Denis D. McKenna under the direction of F. Lee Ruck.

General supervision in the preparation of "This Code" was by Charles S. Rhyne, General Counsel, and Denis D. McKenna, Associate General Counsel.

ADOPTION OF RECODIFIED CODE

Adoption of an ordinance adopting a County Code which is a revision and recodification of the Code of Fairfax County, Virginia of 1961, and ordinances of a general and permanent nature adopted by the Board of Supervisors since the adoption of such Code, to be known as The Code of the County of Fairfax, Virginia.

At a regular meeting of the Board of Supervisors of Fairfax County, Virginia, held in the Board Room of the Massey Building, at Fairfax, Virginia, on Monday, December 8, 1975, the Board after having first given notice of its intention so to do in the manner prescribed by law, adopted an Ordinance recodifying the Code of the County of Fairfax, Virginia, as amended, said Ordinance so adopted being in the words and figures followin, to-wit:

BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF FAIRFAX COUNTY, VIRGINIA AS FOLLOWS:

Section 1. This ordinance shall become effective at 12:01 A.M., of the first day of January, 1976.

Section 2. As of the effective time of this ordinance, the following named and numbered Chapters of the 1961 Code of the County of Fairfax, Virginia, are repealed and then readopted and ordained as general ordinances in the following recodified named and numbered Chapters which shall be known as a portion of "The Code of the County of Fairfax, Virginia, 1976":

1976 Code
Chapter No.
Title 1961 Code
Chapter No.
1 General Provisions 1
103 Air Pollution Control 1A
41 Animals and Fowl 2
21 Automobile Graveyards 3
22 Barbering and Cosmetology 4
23 Bondsman 5
63 Excavation and Utility Line Installation 6
25 Circuses, Carnivals and Other Similar Activities 7
24 Bingo, Games and Raffles 7A
26 Coin Operated Machines 8
10 Consumer Protection and Public Utilities Commission 8A, 15G
3 County Employees 9
27 Establishments Permitting Dancing 10
81 Emergency Ambulance and Rescue Services 11A
42 Fluoridation of Water 13
11 Human Rights 15D
12 Tenant-Landlord 15E, 26A
Appx. D Industrial Development Authority 15F
7 Massage Parlors 15H
2, 5, 29, 83, 85, 102, 104, 105, 106, & 107 Miscellaneous Offenses 17
82 Motor Vehicles and Traffic 16
108 Noise 16A
43 Food and Food Service Establishments 20
102 Streets and Sidewalks 22A
101 Subdivision Control 23
4 Taxation and Finance 25
84 Taxicabs 26
70 Water 27A
6 Weapons 28
46 Weeds 29
Appx. A Flood Plains 1-8
Appx. B Sunday Closing Law Ordinance adopted December 2, 1974 (Not codified in 1961 Code)
Appx. C Northern Virginia Cigarette Tax Appx. A
Board Charter

 

Section 3. Chapter 21 of the 1961 Code of Fairfax County, Virginia, titled "Schools and Pupils," is specifically repealed as of the effective date of this ordinance and is not part of the recodified 1976 Code being adopted in this ordinance.

Section 4. Since this ordinance is a partial recodification of the 1961 Code of Fairfax County, four Chapters of the 1961 Code which were not recodified still remain in full force and effect, but which four Chapters bear identifying numbers which are the same as the numbers of recodified Chapters in the 1976 Code being adopted by this ordinance. Therefore, references to the following Chapters:

1976 Code
Chapter No.
Title 1961 Code
Chapter No.
Building Code and/or Home Improvement 6
6 Weapons
Electrical Code 11
11 Human Rights
Fire Protection 12
12 Tenant-Landlord
Sewers and Sewage Disposal 22
22 Barbering and Cosmetology

 

shall contain citation to the title of the Chapter and a specific identification of either the 1961 Code or the 1976 Code, whichever is applicable.

Section 5. All ordinances of Fairfax County of a general and permanent nature not specifically repealed by Sections 2 or 3 of this ordinance shall continue to remain in full force and effect after the effective date of this ordinance, until amended, repealed, or recodified.

Section 6. Three copies of "The Code of Fairfax County, Virginia, 1976," shall be kept in the Office of the Clerk to the Board of Supervisors and shall there be available for public inspection during normal business hours.

GIVEN under my hand this 8th day of December, 1975.

Ethel Wilcox Register
Ethel Wilcox Register, Clerk to the Board