19980224 1998-7ORDINANCE NO. 1998-7
AN ORDINANCE TO AMEND CHAPTER 26 OF THE CODE OF THE
CITY OF FAIRFAX TO MODIFY ARTICLE XIV TO PROVIDE FOR
CITY COUNCIL WAIVER OR MODIFICATION OF THE REQUIRED
FIVE HUNDRED (500) FOOT SEPARATION BETWEEN MOTOR
VEHICLE SALES, LEASING, AND RENTAL ESTABLISHMENTS IN
THE C-3 ZONING DISTRICT.
WHEREAS, motor vehicle sales, leasing and rental establishments are permitted
with a special use permit in the C-3 zoning district; and
WHEREAS, similar to provisions for fast-food establishments, there is a required
five hundred (500) foot separation between motor vehicle sales, leasing and rental
establishments; and
WHEREAS, the zoning text provides for City Council waiver or modification of
the required separation between fast-food establishments but does not provide for waiver
or modification by City Council of the required separation between motor vehicle sales,
leasing and rental establishments;
WHEREAS, motor vehicle sales, leasing and rental establishments are subject to
special use permit review by City Council, during which process the City Council could
simultaneously review a request for waiver or modification &the five hundred (500) foot
separation requirement;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Article XIV, Sec. 26-177 of the Code of the City of Fairfax,
Virginia, is hereby amended to replace subsection 26-177 (a) (4) (h) in its entirety as
follows:
h. Unless waived or modified by city council, there shall be no less than
five hundred (500) feet measured between the nearest property lines
between each motor vehicle sales, leasing and rental establishment and
any other such establishment.
This ordinance shall become effective as provided by law.
Planning Commission Hearing:.
City Council Hearing: 2/24/98
ADOPTED: 2/24/98
1/23/98
Attest:
Clerk
The motion to adopt the ordinance was approved 4-0
Vote
Councilman Coughlan aye
Councilman Greenfield .aye
Councilwoman Lyman ave
Councilman Mershon absent
Councilman Rasmussen absent
Councilman Silverthorne aye
Date