19890829 1989-37ORDINANCE NO. 1989- 37
AN ORDINANCE AMENDING SECTION 26-5 AND ADDING
A NEW SECTION 26-5.1 OF THE CODE OF THE CITY
OF FAIRFAX PERTAINING TO ZONING AMENDMENTS
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Section 26-5 of the Code of the City of
Fairfax, Virginia, is hereby repealed and replaced in its entirety
with the following:
"Section 26.5. Zoninq map amendments
(a) Application. Application for a change of zoning (zoning
map amendment) of a parcel or parcels of land, including amendments
to any previously-approved general development plan or any
conditions previously proffered by an applicant and accepted by the
city council, shall be made by the property owner, contract
purchaser with the owner's consent or the owner's agent on forms
provided by the zoning administrator. The application shall be
accompanied by a plat bearing a certification date within six (6)
of the date of filing such application prepared by a
certified surveyor. In addition, the applicant shall provide the
information required below by subsection (d) under oath sworn to,
Ore a notary public or other official before which oaths are
taken, by the applicant, his attorney or agent. All required
information, the fee required by Section 26-3 and all other
required costs shall accompany the application before it shall be
considered filed.
(b) Advertisement required. Ail applications shall be
referred to the planning commission and heard by it in a legally
advertised public hearing. The planning commission shall not
recommend nor the city council approve any application until notice
of intention to do so has been published once a week for two (2)
successive weeks in a newspaper published or having general
circulation in the city; provided that such notice for both the
planning commission and the city council may be published
concurrently. Such notice shall specify the time and place of the
hearing at which persons affected may appear and present their
views, not less than six (6) days nor more than twenty-one (21)
days after the second advertisement shall appear in such newspaper.
The planning commission and city council may hold a joint public
hearing after public notice as set forth herein. If such joint
hearing is held, then public notice as set forth herein need be
given only by the city council. The term two successive weeks as
used in this paragraph shall mean that such notice shall be
published at least twice in such newspaper with not less than six
(6) days elapsing between the first and second publication.
(c) Notice required. When a proposed change in zoning
ordinance involves a change in the zoning classification of twenty-
five (25) or less parcels of land, then, in addition to the
advertising as above required, written notice shall be given by the
planning commission at least five (5) days before the hearing to
the owner or owners, their agent or the occupant, of each parcel
involved, and to the owners, their agent or the occupant, of all
abutting property and property immediately across the street or
road from the property affected. Notice shall also be given to the
owner, their agent or the occupant, of all abutting property and
property immediately across the street from the property affected
which lies in Fairfax County. Notice sent by registered or
certified mail to the last known address of such owner as shown on
the current real estate tax assessment books shall be deemed
adequate compliance with this requirement. If the hearing is
1989-37 -2
continued, notice shall be remailed. Costs of any notice required
under this chapter shall be taxed to the applicant.
When a proposed change in zoning involves a change in the
zoning map classification of more than twenty-five (25), but less
than five hundred (500) parcels of land, then, in addition to the
advertising as above required, written notice shall be given by the
planning commission at least five days before the hearing to the
owner, owners, or their agent of each parcel of land involved.
One notice sent by first class mail to the last known address of
such owner as shown on the current real estate tax assessment books
shall be deemed adequate compliance with this requirement, provided
that the director shall make affidavit that such mailings have been
made and file such affidavit with the papers in the case. Nothing
in this paragraph shall be construed as to invalidate any
subsequently adopted amendment or ordinance because of the
inadvertent failure by the representative of the local commission
to give written notice to the owner, owners or their agent of any
parcel involved.
Whenever the notices required hereby are sent by the city,
such notices may be sent by first class mail provided, however, the
director shall make affidavit that such mailings have been made and
file such affidavit with the papers in the case.
At least ten (10) days prior to the date of any public hearing
before the planning commission on any proposed change in zoning,
the notice shall be posted on the property by the city indicating
the nature of the change in zoning and the time and place of the
public hearing.
(d) Disclosure of legal and equitable ownership. Any
application for a change in zoning shall include as part of the
application a statement on a form provided by the zoning
administrator providing complete disclosure of the legal and
equitable ownership in any real estate to be affected by the
requested change in zoning. In the case of corporate ownership of
real estate, the disclosure shall include the names of
stockholders, officers and directors and in any case the names and
addresses of all the real parties in interest; provided, however,
that the requirement of listing the names of stockholders, officers
and directors shall not apply to a corporation whose stock is
traded on a national or local stock exchange and having more than
fiYe hundred (500) shareholders. Such disclosure shall be sworn
to under oath before a notary public or other official before whom
oaths may be taken.
(e) City council action. After the public hearing before the
planning commission, the commission may report a recommendation to
the city council. Failure of the commission to report ninety (90)
days after the first meeting of the commission after the proposed
amendment has been referred to the commission, or such shorter
period as may be prescribed by the city council, shall be deemed
approval. The city council shall hold a public hearing on the
proposed amendment and render its decision only after posting,
advertising and notification of property owners by the city of the
public hearing have been performed in the manner specified in (b)
and (c) above. However, no land may be zoned to a more intensive
use classification than was contained in the public notice without
additional public hearings as provided herein.
(f) Status upon denial. Upon the denial of any application
for a change in zoning, no further application for a change in
zoning which is substantially the same as that which was denied
shall be filed for such property within twelve (12) months of the
date of denial except as provided for in subsection (h) below.
1989-37
-3
(g) Withdrawal of application. The applicant may withdraw
any application filed pursuant to subsection (a) above at any time
before the matter is called on the agenda of the city council for
the advertised public hearing. Thereafter, such application may
be withdrawn only upon the affirmative vote on the majority of the
city council present and voting.
(h) City council initiated zoning map amendment. The city
council may initiate a change in zoning by referring a proposal to
the planning commission for a public hearing, whether or not any
application for change in zoning of the property has been denied
within the preceding twelve (12) months.
Sec. 26-5.1 Other zoninq amendments.
(a) Initiation. Any amendment to Chapter 26 of the Code of
the City of Fairfax, Virginia, except zoning map amendments, shall
be initiated by affirmative vote of the planning commission or city
council.
(b) Planning commission hearing and advertisement required.
All such amendments shall be heard by the planning commission in
a legally advertised public hearing. Proposed amendments shall be
advertised by publication as specified in Section 26-5(b).
(c) City council action. After the public hearing before the
planning commission, the commission may report a recommendation to
the city council. Failure of the commission to report ninety (90)
days after the first meeting of the commission after the proposed
amendment has been referred to the commission, or such shorter
period as may be prescribed by the city council, shall be deemed
approval. The city council shall hold a public hearing on the
proposed amendment and render its decision only after advertisement
of the public hearing has been performed in the manner specified
in (b) above."
This ordinance shall be effective as provided by law.
PLANNING COMMISSION HEARING: July 10, 1989
CITY COUNCIL HEARING:
August 29, 1989
ADOPTED:
August 29, 1989
ATTEST:
City Clerk