2020-12ORDINANCE NO.2020-12
AN EMERGENCY ORDINANCE TO PERMIT TEMPORARY WAIVERS OF ZONING
REGULATIONS AND REVIEW REQUIREMENTS IN CONNECTION WITH
OUTDOOR COMMERCIAL ACTIVITY
WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order
Fifty -One declaring a state of emergency for the Commonwealth of Virginia arising from the
novel Coronavirus (COVID-19) pandemic; and
WHEREAS, Executive Order Fifty -One acknowledged the existence of a public health
emergency which constitutes a disaster as defined by Virginia Code § 44-146.16 arising from the
public health threat presented by a communicable disease anticipated to spread; and
WHEREAS, Executive Order Fifty -One ordered implementation of the Commonwealth
of Virginia Emergency Operations Plan, activation of the Virginia Emergency Operations Center
to provide assistance to local governments, and authorization for executive branch agencies to
waive "any state requirement or regulation" as appropriate; and
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency, beginning March 1, 2020, in response to the spread of COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-
19 outbreak a pandemic; and
WHEREAS, on March 16, 2020, effective at 10:00 a.m. and extending through June
10, 2020, at 12:01 a.m. (the "Emergency Period"), the City Manager, in his capacity of
Director of Emergency Management, issued a Declaration of Local Emergency — COVID-19
(the "City Declaration") applicable throughout the entire City of Fairfax, Virginia (the
"City"), pursuant to authority granted pursuant to City Code § 33-11, and Virgina Code §§
44-146.21 and 15.2-1413, which City Declaration was unanimously consented to by the City
Council on March 17, 2020, pursuant to City Resolution No. R-20-07, as required by
applicable law; and
WHEREAS, the Governor, by and through his Executive Orders, specifically
Executive Orders 61 and 62, has modified the previous suspension of certain business activity
to permit limited business activity; and
WHEREAS, this emergency ordinance is deemed to be a reasonable and temporary
method to assist City businesses to operate consistent with the Governor's Executive Orders
and to assist with reducing the adverse economic impact of the COVID-19 pandemic.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Fairfax,
Virginia:
1. That the City Manager or his designee shall have the authority to permit temporary
emergency outdoor commercial activity and operations for existing City businesses and,
in connection with such action, may waive City Code and/or City Zoning Ordinance
requirements as they relate to the engaging of business activity outside of a wholly
enclosed building, the use of onsite sidewalks, and required parking areas for outdoor
commercial activity.
2. Specific regulations regarding signs, required parking spaces, and requirements for
outdoor dining and service areas, may be waived in the discretion of the City Manager or
his designee. Outdoor commercial activity shall be conducted only by commercial
businesses located on the site for which the permit is being issued.
3. Outdoor commercial activity may be conducted only by commercial businesses located on
the site for which a permit hereunder is being issued.
4. Any permit issued hereunder may be revoked by the City Manager if such business
violates the terms of the permit or other requirements of law, specifically including, but
not limited to, the Forward Virginia blueprintguidelines issued by the Governor.
IT IS FURTHER ORDAINED that notwithstanding any provision of law, regulation
or policy to the contrary, an emergency is deemed to exist, and this ordinance shall be
effective upon its adoption.
INTRODUCED: May 26, 2020
PUBLIC HEARING: May 26, 2020
ADOPTED: May 26, 2020
ATTEST:
City Clerk
VOTE:
Councilmember DeMarco
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Passey
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye
A9o4-A,"4-�e
Mayor
"-�L
Date