19741112 1974-13ORDINANCE NO. 1974-13
AN ORDINANCE AMENDING SECTION 3 OF THE ZONING
ORDINANCE CONCERNING FILING FEES, PROCEDURES, NOTICE AND
DUTIES FOR CHANGES IN ZONING, COMPREHENSIVE
PLAN OR AMENDMENTS THERETO, AND TO
AMENDMENTS TO THE ZONING ORDINANCE
IT IS HEREBY ORDAINED by the City Council of the City of
Fairfax, Virginia, that Section 3.11 and Section 3.131 of the Zoning
Ordinance of the City of Fairfax should be and the same hereby are
amended and re-enacted to read in their entirety as follows:
"3.11 The following fees shall be required of all applicants
for zoning permits:
Occupancy Permits $ 5.00
Rezoning Application 150.00
On any rezoning application, the Applicant, in addition to
the fee hereinabove provided, shall pay the postage costs necessary
for sending notice, by registered or certified mail, to the owners,
their agent or occupant required under Section 3.131 and Section
3.133 for change in zoning. If any hearing on any rezoning appli-
cation pursuant to Section 3.131 or 3.133 is continued at Applicant's
request or consent, in addition to the fee and costs previously paid,
the Applicant shall pay the additional postage costs necessary for
sending notice by registered or certified mail to the owners, their
agent or occupant required under Section 3.131 or Section 3.133 for
change in zoning."
"3.131 Application for change of zoning (amendment to the
zoning map) shall be made by the owner, contract owner or optionee
of the property on forms prescribed by the Zoning Administrator, ac-
companied by a plat bearing a certification date within six months
of the date of filing such application prepared by a certified
surveyor, together with a list under oath, sworn to by the Applicant,
his attorney or agent of the owners, their agent or occupant required
by this Section and Section 3.133, and the fee and costs required
under Section 3.11. All applications shall be referred to the
Planning Commission and heard by it in a legally advertised public
hearing. The proposed rezoning shall be advertised by publication
once a week for two successive weeks in a newspaper published in or
1974-13 -2
having general circulation in the City of Fairfax. Such notice
shall specify the time and place of hearing at which persons af-
fected may appear and present their views, not less than twelve
days nor more than twenty-eight days after the second advertisement
shall appear in such newspaper. At least ten days prior to the date
of any public hearing before the Planning Commission on any proposed
change in zoning, the property shall be posted by the City and the
Planning Commission shall cause written notice to be sent by reg-
istered or certified mail to the owners, their agent or the occupant
of each parcel involved, and to the owners, their agent or the
occupant, of all abutting property and property immediately across
the street or road from the property affected. Written notice as
provided in this section shall also be sent by registered or certi-
fied mail to the owners, their agent or the occupant, of all abutting
property and property immediately across the street or road from the
property affected when such abutting or immediately across the street
or road property lies in the County of Fairfax. In the event any
hearing is continued at applicant's request or consent, the written
notice shall be remailed at the cost of the applicant."
IT IS HEREBY ORDAINED by the City Council of the City of
Fairfax, Virginia, that the third sentence of Section 3.132 of the
Zoning Ordinance be, and the same hereby is amended and re-enacted
to read as follows:
3.132 as new third sentence thereof:
"Such notice shall specify the time and place of hearing at
which persons affected may appear and present their views, not less
than twelve days nor more than twenty-eight days after the second
advertisement shall appear in such newspaper."
IT IS HEREBY ORDAINED by the City Council of the City of
Fairfax, Virginia, that Section 3.133 of the Zoning Ordinance of the
City of Fairfax should be and the same hereby is amended and re-
enacted to read in- it~ entirety as~fol~ows:
3.133 "After the public hearing before the Planning Com-
mission, the Planning Commission shall submit its recommendation to
the City Council, but no application for change of zoning, comprehensive
- 2 -
1974-13 -3
plan, or amendment thereto, or other amendment to this ordinance
shall be acted upon by the City Council until advertised by publica-
tion once a week for two successive weeks in a newspaper published
in or having general circulation in the City of Fairfax. Such
notice shall specify the time and place of a public hearing before
the City Council at which persons affected may appear and present
their views, not less than twelve nor more than twenty-eight days
after the second advertisement shall appear in such newspaper. At
least ten days prior to the date of any public hearing before the
City Council on any proposed change in zoning, the property shall be
posted by the City and the City Council shall cause written notice
to be sent by registered or certified mail to the owners, their
agent or the occupant, of each parcel involved, and to the owners,
their agent or the occupant, of all abutting property and property
immediately across the street or road from the property affected.
Written notice as provided in this section shall also be sent by
registered or certified mail to the owners, their agent or the occu-
pant, of all abutting property and property immediately across the
street or road from the property affected when such abutting or im-
mediately across the street or road property lies in the County of
Fairfax. In the event any hearing is continued at applicant's reqmest
or consent, the written notice shall be remailed at the cost of the
applicant."
Adopted: November 12, 1974
Attest:
OCi~y
- 3 -