20011113 2001-18ORDINANCE NO. 2001 _18
AN ORDINANCE AMENDING SECTIONS 110-5(b), ARTICLE I, AND 110-366(2),
ARTICLE II, DIVISION 13, CHAPTER 110 OF THE CODE
OF THE CITY OF FAIRFAX, VIRGINIA.
BE IT ORDAINED, by the City Council of the City of Fairfax, that Section 110-5(b),
Article I, Chapter 110 of the Code of the City of Fairfax, Virginia, is hereby replaced in its
entirety as follows:
Sec. 110-5. Zoning map amendments.
(b) Advertisement required. All 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 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 five days nor more
than 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 in this section. If such joint hearing is held, then public notice as set
forth in this section need be given only by the city council. The term two successive
weeks as used in this subsection shall mean that such notice shall be published at least
twice in such newspaper with not less than six days elapsing between the first and
second publication. After enactment of any amendment, further publication thereof
shall not be required.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, that
Section 110-366(2), Article II, Division 13, Chapter 110 of the Code of the City of Fairfax,
Virginia, is hereby replaced in its entirety as follows:
Sec. 110-366. Zoning map amendments and special use permits.
(2) Each special use permit application shall be reviewed by staff and scheduled for
public hearing 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 successive weeks in
a newspaper having general circulation in the city. The second notice shall be
published not less than five days nor more than 21 days before the date of the public
heating, and there shall be not less than six days between the first and second
publications. At least ten days prior to the date of any such public hearing, the zoning
administrator shall post notice on the property and shall give notice of the public
hearing by first class mail; provided, however, that the director shall make affidavit
that such mailings have been made, and file such affidavit with the papers in the case,
to the owners of all property abutting and immediately across the street from the
subject property, at least three additional neighboring property owners, and the owner
of the subject property if the applicant is the lessee or contract purchaser. In addition
to the application fee, the applicant shall reimburse the city for the cost of such notice.
Public notice for zoning map amendments shall be made as provided for in subsection
110-5(b).
The ordinance shall become effective as provided by law.
Planning Commission hearing: November 12, 2001
City Council heating: November 13,2001
Adopted: November 13, 2001
ayor
Date
ATTEST:
i
lerk '
The vote on the motion to adopt the ordinance was recorded as follows:
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthorne
Vote
Aye
Aye
Aye
Aye
Aye
Aye