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Plan or program · on the record since 2025 · discussed in 24 transcribed meetings

Special Use Permit

Special Use Permits (SUPs) are a land use approval mechanism within the City of Fairfax's zoning framework, distinct from rezonings in that they carry a time limit: under the zoning ordinance, an approved SUP automatically expires after two years unless the property owner takes qualifying action, such as obtaining a building permit.

approved

The City of Fairfax 2035 Comprehensive Plan is the city's primary long-range land use and policy document, guiding development, housing, transportation, and related decisions. A five-year review process culminated on October 8, 2024, when City Council unanimously adopted Resolution R-24-30 approving the updated plan dated September 27, 2024.

Other mentions
  • May 4, 2026Housing and Healthy Communities Advisory Board · item 3
    City of Fairfax Community Development and Planning

    Staff noted that special use permits have a time limit associated with them, distinguishing them from zoning regulations which are changed in perpetuity.

    minutesagenda
  • Jun 8, 2026Planning Commission · item 8ain progress
    Post-submission work session on proposed Zoning Map Amendment (Rezoning), Special Use Permit, Special Exceptions, and Major Certificate of Appropriateness for 4085-4117 Chain Bridge Road

    A post-submission work session was held; the Planning Commission received a staff presentation and provided feedback on the proposed Special Use Permit for 4085-4117 Chain Bridge Road.

    Watch this momentminutesagenda
  • Jul 28, 2026City Council · item 8a
    Public hearing and Council action on proposed amendments to Chapter 110 (Zoning) relating to Detached Accessory Dwelling Units

    Public comment raised opposition to ADUs being approved without a special use permit; the ordinance as adopted does not require a special use permit for conforming detached ADUs.

    failedSubstitute motion to defer consideration of the detached ADU zoning amendments until September 8, 2026.
    ✓ Hall✓ McQuillen✓ Peterson✕ Amos✕ Bates✕ Hardy-Chandler
    passedApprove an ordinance amending Chapter 110 (Zoning) to amend portions of articles and sections relating to Detached Accessory Dwelling Units.
    ✓ Amos✓ Bates✓ Hardy-Chandler✓ Peterson✕ Hall✕ McQuillen
    Watch this momentminutesagenda
  • Sep 8, 2026City Council · item 8aapproved
    Public Hearing: Special Use Permit – 10230 Antietam Avenue (Naila Ayoub Daycare)

    The Special Use Permit pursuant to City Code Section 110-3.5.5.D.8 was approved unanimously to allow a family day care home for up to 12 children at 10230 Antietam Avenue, with five conditions including state licensing, operator residency, and no outdoor play before 8:00 a.m.

    passedApproval of the Special Use Permit for Naila Ayoub to allow a family day care home for up to 12 children at 10230 Antietam Avenue.
    agenda

In full

A noted ambiguity existed where not all SUPs require building permits, leaving some in a gray area regarding validity; a zoning ordinance amendment was discussed (September–October 2026) to add "or equivalent zoning permit" to resolve this. SUPs have appeared across multiple contexts in the record: referenced in 2025 as part of the Community Development Division's land use approval scope; cited in May 2026 staff presentations as distinct from perpetual zoning changes; the subject of a post-submission work session in June 2026 for the 4085-4117 Chain Bridge Road mixed-application; and a point of public debate in July 2026 when the City Council approved a detached ADU ordinance without an SUP requirement (4-2). Most concretely, on September 8, 2026, the City Council unanimously approved a specific SUP for Naila Ayoub to operate a family day care home for up to 12 children at 10230 Antietam Avenue, subject to five conditions including state licensing, operator residency, no outdoor play before 8:00 a.m., and non-transferability to another operator.