19820622 1982-20ORDINANCE NO. 1982-20
AN ORDINANCE AMENDING SECTIONS 26-4, 26-170.1, 26-171,
26-175.1, 26-176, AND 26-188, AND ADDING A NEW SECTION 26-187.2
TO CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA.
BE IT ORDAINED by the City Council for the City of Fairfax,
Virginia that Chapter 26 of the Code of the City of Fairfax,
Virginia be and the same is hereby amended as fol lows:
1. Section 26-4 is amended by changing the definition of
the term "Amusement Arcade" to read as follows:
"Amusement Arcade. A principal use in which six or
more amusement machines are available for the amusement
of the general public."
2. Subsection 26-170.1(a) is amended to change paragraph
(5) and to add paragraph (6) to read in their entirety as
fol lows:
"(5) Ancillary amusement machine uses.
a. Three, four or five amusement
machines may be allowed in any establishment with 1000
or more square feet of floor area open to the public.
b. No amusement machines shal 1 be
allowed in any establishment which has less than 1000
square feet of floor area open to the public.
c. In any establishment with 1000 or
more square feet of floor area, the floor area occupied
by the amusement machines shall not be more than five
percent (5%) of the floor area open to the public.
d. Unless waived by the city council,
no ancillary amusement machine use operated in
conjunction with a restaurant shall be located within
two hundred (200) feet of a residential zone.
(6) Amusement arcades.
a. All amusement arcades not located
in a retail shopping area which is designed as a single
commercial group, is under ccmmon management, forms one
continuous structure, shares a common parking area, and
has more than 40,000 gross square feet of building
area, shall provide one parking space for each two
amusement machines together with sufficient maneuvering
area and access to a public street."
3. Subsections 26-171(q) and (s) are amended to read in
their entirety as follows:
"(q) Reserved;"
"(s) Ancillary amusement machine uses.
(1) One or two amusement machines may be
allowed in any establishment with 1000 or more square
feet of floor area open to the public.
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(2) No amusement machines shal 1 be al lowed
in any establishment which has less than 1000 square
feet of floor area open to the public.
(3) In any establishment with 1000 or more
square feet of floor area, the floor area occupied by
the amusement machines shall not be more than five
percent (5%) of the floor area open to the public."
4. Subsection 26-175.1(a) is amended to change paragraph
(4) and to add paragraph (5) to read in their entirety as
fol lows:
"(4) Ancillary amusement machine uses.
a. Three, four or five amusement
machines may be allowed in any establishment with 1000
or more square feet of floor area open to the public.
b. No amusement machines shal 1 be
allowed in any establishment which has less than 1000
square feet of floor area open to the public.
c. In any establishment with 1000 or
more square feet of floor area, the floor area occupied
by the amusement machines shall not be more than five
percent (5%) of the floor area open to the public.
d. Unless waived by the city council,
no ancillary amusement machine use operated in
conjunction with a restaurant shall be located within
two hundred (200) feet of a residential zone.
(5) Amusement arcades.
a. All amusement arcades not located
in a retail shopping area which is designed as a single
commercial group, is under common management, forms one
continuous structure, shares a common parking area, and
has more than 40,000 gross square feet of building
area, shall provide one parking space for each two
amusement machines together with sufficient maneuvering
area and access to a public street."
5. Subsections 26-176 (r) and (t) are amended to read in
their entirety as follows:
"(r) Reserved;"
"(t) Ancillary amusement machine uses.
(1) One or two amusement machines may be
allowed in any establishment with 1000 or more square
feet of floor area open to the public.
(2) No amusement machines shall be al lowed
in any establishment which has less than 1000 square
feet of floor area open to the public.
(3) In any establishment with 1000 or more
square feet of floor area, the floor area occupied by
the amusement machines shall not be more than five
percent (5%) of the floor area open to the public."
6. Section 26-187.2 is added to read in its entirety as
fol lows:
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"Sec. 26-187.2.
Same--With permit to be issued only by
the city council.
(a) The following uses may be permited subject to
securing a special use permit from the city council as
provided in subsection (b) of this section:
(1) Ancillary amusement machine uses.
a. Three, four or five amusement
machines may be allowed in any establishment with 1000
or more square feet of floor area open to the public.
b. No amusement machines shal 1 be
allowed in any establishment which has less than 1000
square feet of floor area open to the public.
c. In any establishment with 1000 or
more square feet of floor area, the floor area occupied
by the amusement machines shall not be more than five
percent (5%) of the floor area open to the public.
( 2 ) Amusement arcades.
a. All amusement arcades not located
in a retail shopping area which is designed as a single
commercial group, is under common management, forms one
continuous structure, shares a common parking area, and
has more than 40,000 gross square feet of building
area, shall provide one parking space for each two
amusement machines together with sufficient maneuvering
area and access to a public street.
(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) Within thirty days after filing, such
application shall be placed upon an agenda of a city
council meeting and the city council shall schedule a
public hearing upon the application. A notice of the
time and place of the public hearing shal 1 be
advertised by publication once a week for two
successive weeks in a newspaper published in or having
general circulation in the city. Final publication of
the notice shall occur not less than six days nor more
than twenty-one days before the date of the public
hearing. 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 give notice of the public
hearing to all adjacent and at least three additional
neighboring property owners by certified mail.
(3) The city council is empowered to grant
special use permits under this section when in the
judgment of the counc il, in cons ideration of the
factors set forth in subsections 26-103(c) and (d),
such special use permit shall be in harmony with the
general purpose and intent of the zoning regulations
and map.
(4) The city council may impose conditions
upon the issuance of any special use permit, including
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requiring a bond or imposing a time limitation. In
imposing such conditions and limitations, the city
council shal 1 be guided by the standards and
considerations as set forth in subsections 26-103(c)
and (d)."
7. Subsections 26-188 (m) and (n) are amended to read in
their entirety as follows:
"(m) Ancillary amusement machine uses.
(1) One or two amusement machines may be
allowed in any establishment with 1000 or more square
feet of floor area.
(2) No amusement machines shall be allowed
in any establishment which has less than 1000 square
feet of floor area.
(3) In any establishment with 1000 or more
square feet of floor area, the floor area occupied by
the amusement machines shall not be more than five
percent (5%) of the floor area open to the public.
(n) Reserved."
This Ordinance will become effective immediately upon its
adoption.
Public hearing before Planning Commission: May 10, 1982
Public hearing before City Council: June 22, 1982
Adopted: June 22, 1982
ATTEST:
MAYOR