19980127 1998-3ORDINANCE NO. 3
AN ORDINANCE TO AMEND CHAPTER 21 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA TO MODIFY SECTION 21-10
PERTAINING TO THE GRANTING OF VARIANCES FROM THE
SUBDIVISION REGULATIONS
WHEREAS, the City Council of the City of Fairfax has heretofore granted the
authority to grant variances from the provisions of the subdivision regulations to the
Planning Commission; and
WHEREAS, the City Council of the City of Fairfax seeks to retain the authority
to grant such variances; and
WHEREAS, Sec. 15.2-2255 of the Code of Virginia provides that the governing
body of the locality shall be responsible for administering and enforcing the subdivision
regulations;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia that Section 21-10 of the Code of the City of Fairfax, Virginia is hereby
amended to read in its entirety as follows:
"Sec. 21-10. Variances
(a) A subdivider may request a variance from any provision of this chapter. Such request
shall be made in writing and set forth a justification for the subdivision request and
for the variance request.
(b) The city council may authorize a variance if.'
(1) The subdivider demonstrates that the variance:
a. Is justified because of conditions unusual to the site, and
b. Will not undermine the spirit and intent of this chapter and the comprehensive
plan, and
c. Will not be detrimental to the adjacent or nearby properties, to the coordinated
development of the area, or to the general welfare.
(2) The subdivider demonstrates that the cost to the subdivider substantially outweighs
the benefits to the residents of the subdivision and the general public.
(c) In authorizing a variance, the city council may impose such conditions as it deems
necessary in the public interest."
Adopted this 27* day of January, 1998.
Introduced: December 9, 1997
Public Hearing: January_ 27, 1998
ADOPTED: January 27, 1998
1998-3 -2
ATTEST:
The vote to adopt was 4-2, recorded as follows:
Vote: Councilman Coughlan
Councilman Greenfield
Councilwoman Lyman
Councilman Mershon
Councilman Rasmussen
Councilman Silverthorne
ate
aye
aye
aye
aye
no
no