19860311 1986-19ORDINANCE NO. 1986-19
AN ORDINANCE AMENDING AND RE OR DA IN IN G PORTIONS OF CHAPTER 26
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING
TO SPECIAL USE PERMITS AND CONSOLIDATING THEM WITH ARTICLE II,
DIV IS ION 13.
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that
Article II, Division 13 of Chapter 26 of the Code of the City of Fairfax, Virginia, be
and it hereby is deleted in its entirety, and replaced with the following:
DIVISION 13. SPECIAL PROVISIONS
Sec. 26-103. Special Use Permits
Special use permits required in any residential or planned development zoning dis-
trict, and as specified within each other district, may be approved only by the City
Council. Special use permits required in any industrial zoning district, and as speci-
fied in each other district, may be approved only by the Board of Zoning Appeals.
Applications for special use permits shall be processed and considered in accordance
with the following provisions:
Se
Application shall be made to the Zoning Administrator by the property
owner or contract purchaser. At the time of application, the apl~licant
shall pay a fee in accordance with a schedule established by the City
Council.
bo
Each application shall be reviewed by staff and scheduled for public hear-
ing by City Council or the Board of Zoning Appeals. A notice of the time
and place of the public hearing shall be published once a week for two (2)
successive weeks in a newspaper having general circulation in the City.
The second notice shall be published not less than six (6) days nor more
than twenty-one (21) days before the date of the public hearing, and there
shall be not less than six (6) days between the first and second publica-
tions. At least ten (I0) days prior to the date of any such public hearing,
notice shall be posted on the property by the City, and the applicant shall
give notice of the public hearing by certified mail, to the owners of all
property abutting and immediately across the street from the subject
property and at least three (3) additional neighboring property owners.
c. The City Council and Board of Zoning Appeals may grant special use
permits only after considering:
1. The size and shape of the lot on which the use is proposed;
2. Vehicular and pedestrian traffic;
3. Trip generation characteristics of the proposed use;
Site design;
5. Lighting, noise, traffic, sight, smoke, dust, odor, vibration and other
factors which may affect the serenity of the neighborhood;
6. The safety and movement of vehicular traffic upon adjacent streets;
7. The safety and welfare of residents living in the area;
8. The location, height and design of buildings, walls, fences and
landscaping proposed;
9. Overall impact of the proposed use upon the development and use
of adjacent land;
10. Safety and welfare of persons working in the neighborhood; and
11. Harmony of the proposal with the general purpose and intent of the
applicable Article of the Zoning Ordinance.
1986-19
de
The City Council and Board of Zoning Appeals may impose conditions upon
any special use including limitation on the duration of the special use
permit, as deemed necessary in the public interest to secure compliance
with the considerations in (c). Surety in a form acceptable to the City
Attorney may be required to insure compliance with the conditions. No
occupancy permit shall be issued for any special use until the applicant has
complied with the conditions.
Unless the special use is initiated, or if the erection of a new building is
required, construction is begun within twelve (12) months from the date of
approval, the special use permit shall expire.
Unless otherwise specified, a special use permit shall be valid for an
indefinite period of time, except that if the special use is discontinued for
any reason for a continuous period of one (1) year, the special use permit
shall expire automatically and without notice.
ge
Any special use permit issued by the Board of Zoning Appeals shall be
revocable by order of the Zoning Administrator if he determines that the
owner or operator has failed to maintain and conduct the use in accor-
dance with the requirements of law or has failed to observe any conditions
imposed on the special use by the Board of Zoning Appeals. The Zoning
Administrator shall give the permit holder written notice that the permit
has been revoked thirty (30) days prior to the effective date of the revoca-
tion, during which period the permit holder may file an appeal from the
decision of the Zoning Administrator to the Board of Zoning Appeals in
accordance with the provisions of Section 26-222 of this Chapter.
The City Council may revoke any special use permit that it has issued if it
determines that the owner or operator has failed to maintain and conduct
the use in accordance with the requirements of law or has failed to
observe any conditions imposed on the special use. The City Council shall
give the permit holder written notice of its intent to revoke the special
use permit, and, if within ten (10) days of receipt of the notice the permit
holder submits a request for a hearing to the City Clerk, the City Council
shall schedule a hearing, give the permit holder at least ten (10) days
written notice of the hearing date, and provide the permit holder with the
opportunity to be heard prior to deciding whether to revoke the permit.
The provisions for revocation of special use permits shall not be deemed to
preclude any other legal remedy with respect to violations of the provi-
sions of the Zoning Ordinance or other laws.
Sec. 26-104 Reserved
This Ordinance shall be effective immediately upon adoption.
PLANNING COMMISSION HEARING:
Feb. 10, 1986
CITY COUNCIL HEARING:
March 11, 1986
ADOPTED:
March 11, 1986
ATTEST: