19721106 1972-33ORDINANCE NO. 1972-33
AN ORDINANCE AMENDING AND RE-ENACTING PARAGRAPH 5 OF
ARTICLE FOUR OF THE SUBDIVISION ORDINANCE OF THE CITY
OF FAIRFAX, VIRGINIA, PERTAINING TO APPEALS PROCEDURE
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia,
that Paragraph 5 of Article Four of the Subdivision Ordinance of the City
of Fairfax, Virginia, be and it hereby is amended and re-enacted to read
in its entirety as follows:
So
If the Planning Commission fails to approve the subdivision or to notify
the subdivider in writing of required changes or modifications within
ninety (90) days of the date of initial hearing the subdivider may within
one hundred (1OO) days of the date of initial hearing appeal to the City
Council of the City of Fairfax. The director may appeal any decision of
the Commission to the Council within ten (10) days of the date of the
decision. Any other person aggrieved by the decision of the Commission
may, within ten (10) days from the date the Commission finally acts upon
the final plat, appeal the decision of the Commission to the City Council
of the City of Fairfax. In any appeal to the City Council the procedure
shall be as follows:
a. Written notice shall be given to the director and to the subdivider,
including a specification of the grounds of the appeal.
b. The Council shall docket the appeal for hearing, and shall announce
the date of the hearing at a public meeting not less than five (5)
days before the proposed hearing, and shall give due notice thereof
to the parties in interest.
1972-33
c. Upon appeal the Council, within sixty (60) days from the date of
the decision appealed from, shall approve, approve with modifica-
tions or disapprove the decision of the Commission.
d. An appeal shall stay any proceedings in furtherance of the action
appealed from for a period not in excess of sixty (60) days from
the decision appealed from.
This ordinance shall take effect immediately upon its passage.
Introduced: October 10, 1972.
Passed: Nove~ml~er 6, 1972.
Attest:
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