19820601 1982-16ORDINANCE NO. 1982-16
AN ORDINANCE ADDING SECTION 26-165.1, AND AMENDING
SECTIONS 26-4, 26-104, 26-166, 26-170.1, 26-171, 26-175.1 AND
26-176 OF 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 follows:
1. Subsection 26-4 is amended to change the definition of
the term "Entertainment" to read in its entirety as follows:
"Entertainment. An ancillary use in a restaurant
which use provides live, participatory, audio, visual,
video or other recorded shows, acts, events or
amusements for the benefit of patrons in the
restaurant. This term shal 1 not include amusement
machines, dancing areas, movie theatres, theatres other
than movie theatres, or regularly broadcast radio
and/or television programming."
2. Subsection 26-104(a) is amended to read in its entirety
as follows:
"(a) The Board of Zoning Appe al s i s hereby
empowered to grant special use permits for the C1-L,
C-i, C-2, C-3, I-1 and I-2 districts except where the
city council has expressly reserved for itself
authority to grant special use permits. In considering
an application for a special use permit, the permit
issuing authority shall consider whether such special
use permit is in harmony with the general purpose and
intent of this chapter and the official zoning map."
3. A new section 26-165.1 is added to read in its entirety
as follows:
"Sec. 26-165.1.
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:
(1) Dancing areas, provided that such areas,
together with any entertainment, shal 1 not exceed
twenty-five percent (25%) of the gross floor area of
the restaurant.
a. Unless waived by the city council,
no dancing area shall be located within two hundred
(200) feet of a residential zone.
( 2 ) Entertainment, provided that such
entertainment, together with any dancing area, shall
not exceed twenty-five percent (25%) of the gross floor
area of the restaurant.
a. Unless waived by the city council,
no entertainment shall be located within two hundred
(200) feet of a residential zone.
1982-16
-2-
(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 sixty 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 council, 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
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)."
4. Subsections 26-166(d) and (i) are amended to read in
their entirety:
"(d) Reserved;
(i) Reserved;"
5. Section 26-170.1 is amended to read in its entirety as
fol lows:
"(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:
(1) Commercial parking facilities.
( 2 ) Theaters other than movie theaters.
(3) Dancing areas, provided that such areas,
together with any entertainment and ancillary amusement
machine use, shall not exceed twenty-five percent (25%)
of the gross floor area of the restaurant.
a. Unless waived by the city council,
no dancing area shall be located within two hundred
(200) feet of a residential zone.
1982-16
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( 4 ) Entertainment, pr ovid ed that su ch
entertainment, together with any dancing area and
ancillary amusement machine use, shal 1 not exceed
twenty-five percent (25%) of the gross floor area of
the restaurant.
a. Unless waived by the city council,
no entertainment shall be located within two hundred
(200) feet of a residential zone.
(5)
such uses
restaurant.
Ancillary amusement machine uses when
are operated in conjunction with a
a. The amusement machines shal 1 not
occupy more than five percent (5%) of the floor area
open to the public in any restaurant.
b. Three, four or five
machines may be allowed in any restaurant.
amus eme nt
c. 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.
(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 sixty 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 council, 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
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)."
1982-16
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6. Subsections 26-171(k) and (r) are amended to read in
their entirety:
"(k) Reserved;
(r) Reserved;"
7. Section 26-171 is amended to add subsection (s) to read
in its entirety:
"(s) Ancillary amusement machine uses.
(1)
restaurant:
In any establishment other than
a
a. No amusement machine shal 1 be
allowed in any establishment which has less than 1000
square feet of floor area.
b. In any establishment with more than
1000 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.
c. There shal 1 be no more than
amusement machines allowed in any establishment.
five
(2) In a restaurant:
a. The amusement machines shall not
occupy more than five percent (5%) of the floor area
open to the public.
b. One or two amusement machines may
be allowed in any restaurant."
8. Section 26-175.1 is 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:
(1) Theaters other than movie theaters.
(2) Dancing areas, provided that such areas,
together with any entertainment and ancillary amusement
machine use, shall not exceed twenty-five percent (25%)
of the gross floor area of the restaurant.
a. Unless waived by the city council,
no dancing area shall be located within two hundred
(200) feet of a residential zone.
( 3 ) Entertainment, provided that such
entertainment, together with any dancing area and
ancillary amusement machine use, shal 1 not exceed
twenty-five percent (25%) of the gross floor area of
the restaurant.
a. Unless waived by the city council,
no entertainment shall be located within two hundred
(200) feet of a residential zone.
(4)
such uses
restaurant.
Ancillary amusement machine uses when
are operated in conjunction with a
1982-16
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a. The amusement machines shall not
occupy more than five percent (5%) of the floor area
open to the public in any restaurant.
b. Three, four or five
machines may be allowed in any restaurant.
amusement
c. 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.
(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 sixty 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 council, 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
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) ."
9. Subsections 26-176(j) and (s) are amended to read in
their entirety:
"(j) Reserved;
(s) Reserved;"
10. Section 26-176 is amended to add subsection (t) to read
in its entirety:
"(t) Ancillary amusement machines uses.
1982-16
-6-
( 1 ) In any establishment other than
restaurant:
a
a. No amusement machine use shall be
allowed in any establishment which has less than 1000
square feet of floor area.
b. In any establishment with more than
1000 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.
c. There shall be no more than five
amusement machines allowed in any one establishment.
(2) In a restaurant:
a. The amusement machines shal 1 not
occupy more than five percent (5%) of the floor area
open to the public.
b. One or two amusement machines may
be allowed in any restaurant."
This ordinance shal 1
approval by the Mayor.
take effect immediately upon its
Public Hearing before Planning Commission: March 15, 1982
Public Hearing before City Council: May 11 and June 1, 1982
Adopted: June 1, 1982
ATTEST: MAYOR
~,~ City Clerk