CODE COMPLIANCE GUIDELINE NON-RESIDENTIAL USE
This publication outlines the certificate of use and occupancy requirements for commercial occupancies located in Fairfax County, however, does not apply in the towns of Clifton, Herndon, and Vienna. Section 61-1-2 of the Fairfax County Code specifies that a certificate of use and occupancy shall mean the permits described in the Fairfax County Zoning Ordinance, as amended, including but not limited to residential use permits and non-residential use permits.
NON-RUP REQUIRED FOR OCCUPANCY or USE
In accordance with Section 18-701 of the County Zoning Ordinance, no occupancy or use shall be made of any structure or of any premises, and no change in use shall be permitted, unless and until a Non-Residential Use Permit (Non-RUP) has been approved in accordance with the provisions of the Zoning Ordinance. A Non-RUP shall be deemed to authorize and is required for both the initial and continued occupancy and use of the building or land to which it applies.
WHEN A NON-RUP SHALL BE OBTAINED
In accordance with Section 18-702 of the Fairfax County Zoning Ordinance, a Non-RUP shall be obtained from the Zoning Administrator before any person shall:
- Occupy or use any building with the exception of accessory structures as permitted by Article 10 of the Zoning Ordinance and additions to existing structures which do not require site plan approval.
- Change the use of any existing building.
- Occupy or use any vacant land except for an agricultural use.
- Make any change in the use of a nonconforming use.
- Enlarge any use in a manner which would require an increase in the amount of required off-street parking spaces.
- Continue any use after a change in the proprietorship of such use.