19810414 1981-3 ORDInaNCE NO. 1981-3
AN ORDINANCE AMENDING SECTIONS 26-138, 26-139,
26-149, 26-150, 26-170, 26-170.1, 26-171, 26-175 AND 26-176
AND ENACTING NEW SECTION 26-175.1 OF CHAPTER 26 OF THE CODE
OF THE CITY OF FAIRFA×, VIRGINIA
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia that Chapter 26 of the Code of the City of
Fairfax, Virginia be and the same hereby is amended as
fol lows:
1. That Section 26-138(b)(11) of said Chapter be and
it is hereby amended to read in its entirety as follows:
"(11) Movie theaters and bowling alleys."
2. That Section 26-139(b) of said Chapter be and it
is hereby amended to read in its entirety as follows:
"(b) Commercial: theaters other than movie theaters."
3. That Section 26-149(b) (11) be and it is hereby
amended to read in its entirety as follows:
"(11) Movie theaters and bowling alleys."
4. That Section 26-150 be and it is hereby amended to
add a Subsection numbered 26-150(b) (3), which Subsection
shall read in its entirety as follows:
"(3) Theaters other than movie theaters."
5. That Section 26-170(d) of said Chapter be and it
is hereby amended to read in its entirety as follows:
"(d) Retail stores, laundromats, cleaning, pressing and
tailoring shops, printers, movie theaters, public
utility use excluding property yards, hotels, motels,
provided that commercial uses shall be conducted
entirely within enclosed buildings with no outside
display of merchandise;"
6. That Section 26-170.1(a) of said Chapter be and it
is hereby amended to read in its entirety as follows:
"(a) The following uses may be permitted subject to
securing a special use permit from the city council as
provided in subsection (b) of this section:
Commercial parking facility, theaters other than
movie theaters."
7. That Section 26-171(c) of said Chapter be and it
is hereby amended to read in its entirety:
"(c) Reserved;"
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8. That Section 26-175(d) of said Chapter be and it
is hereby amended to read in its entirety as follows:
"(d) Retail stores, laundromats, cleaning, pressing and
tailoring shops, printers, movie theaters, public
utility use excluding property yards, hotels, motels,
provided that commercial uses shall be conducted
entirely within enclosed buildings with no outside
display of merchandise ;"
9. That a new Section 26-175.1 of said Chapter be and
it is hereby enacted to read in its entirety as follows:
"Sec. 26-175.1. Same--With ~ermit to be issued only by
the city council.
(a) The following uses may be permitted subject
to securing a special use permit from the city council
as provided in subsection (b) of this section:
Theaters other than movie theaters.
(b) Any special use permit in this zone required
to be issued only by the city council shall be issued
in accordance with the procedure hereinafter set out:
(1) An applicant for a special use permit
under this subsection (b) shall make application to and
on forms provided for that purpose by the zoning
administrator, and the application shall be accompanied
by a fee of fifty dollars.
(2) Each such application within thirty days
after filing shall be placed upon an agenda of a city
council meeting and the city council shall schedule a
public hearing upon the application, and shall cause to
be advertised by publication once a week for two
successive weeks in a newspaper published in or having
general circulation in the city a notice of the time
and place of the public hearing. This hearing shall be
not less than six d. ays nor more than twenty-one days
after final publication of the notice. At least ten
days prior to the date of any such public hearing the
property shall be posted by the city and the applicant
shall notify all adjacent and at least three additional
neighboring property owners by certified mail.
(3) The city council is hereby empowered to
grant special use permits when in the judgement of the
council such special use permit shal 1 be in harmony
with the general purpose and intent of the zoning
regulations and map, such use will not be objectionable
by reason of smoke, dust, odor, vibration or sight, and
wil 1 not tend to affect adversely the use of
neighboring property or the welfare of persons living
and working in the neighborhood of the proposed use.
( 4 ) The city council in cons ider ing any
application for a special use permit shall consider the
following factors and standards: The size and shape of
the lot on which the use is proposed, access to streets
for both vehicular and pedestrian traffic, lighting,
noise, traffic; and taking into consideratien future
increase of vehicular traffic, lighting, noise,
sight, smoke, dust, odor, vibration and other
factors which may affect the serenity of the
neighborhood, the safety and movement of vehicular and
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pedestrial traffic upon adjacent streets, the safety of
children living in the area, the location, height and
design of building, walls, the desirability or
feasibility of fences and landscaping proposed and
over-al 1 impact of the proposed use upon the
development and use of adjacent land.
(5) The city council may impose conditions
upon the issuance of any special use permit, including
requiring a bond or imposing a time limitation. In
imposing such said conditions and limitations, the city
council shal 1 be guided by the standards and
considerations as set forth in paragraphs (3) and (4)
of this subsection."
10. That Section 26-176(c) of said Chapter be and it
is hereby amended to read in its entirety as follows:
"(c) Reserved;"
11. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance should be declared
invalid for any reason whatsoever, such decision shall not
affect the remaining portion of this ordinance, which shall
remain in full force and effect; and to this end the
provisions of this ordinance are hereby declared to be
seve rab le.
This ordinance shall become effective immediately upon
its adoption.
Introduced:
Adopt ed:
ATTEST:
April 14, 1981
MAYOR