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19761109 1976-28ORDINANCE No. 1976- 28 AN ORDINANCE AMENDING SECTION 3 OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA, TO PROVIDE FOR A NEW SECTION RELATING TO THE PROCEDURE FOR THE ACCEPTANCE OF PROFFERS. IT IS HEREBY ORDAINED by the City Council of the City of Fairfax, virginia, that section 3 of the Zoning Ordinance of the City of Fairfax, virginia, be, and the same hereby is, amended to ~ovide for section 3.131:2, which reads in its entirety as follows: "3.131:2. Procedure for Acceptance of Proffers. As a part of an amendment to the zoning map, the City Council may adopt reasonable conditions, in addition to the regu- lations provided for the zoning district by this ordinance, when the Applicant shall have proffered such conditions in writing pursuant hereto. If the City Council adopts the proffered condi- tions (hereinafter referred to as "proffers"), the said proffers shall apply to the property affected as if the same were a part of the regulations provided for the zoning district by this ordinance and any person violating such proffers shall be punished as pro- vided in section 8 of this ordinance. Any Applicant who intends to submit one or more proffers in connection with his rezoning ap- plication, shall do so in accordance with the following procedures a. Prior to the submission of any proffers, the Applicant may request a conference with the Planning Director to discuss the nature, scope, effect and/or desirability of such proffers, or any other matter relative to the application which is deemed pertinent by the Applicant or the Planning Director. The Planning Director shall submit a written report of any such conference to the City Manager. b. The Applicant shall submit all proffers in writing to the Planning Director not less than ten (10) days prior to the first public hearing before the Planning Commission on the applica tion in question. The Planning Director shall file such proffers 1976-28 -2 with the Zoning Administrator, and the same shall be attached to and expressly made a part of the application for change of zoning. c. At or before the first public hearing before the Planning Commission, the Planning Director shall recommend to the Planning Commission such proffers in addition to those submitted by the Applicant which he deems to be reasonable and proper for the general purpose of promoting the health, safety or general welfare ~f the public. d. The Planning Commission may also recommend to the ity Council additional proffers which it deems to be reasonable and proper for the general purpose of promoting the health, safety or general welfare of the public. e. Not less than ten (10) days prior to the first public hearing before the City Council on the application in question, Applicant may submit additional proffers in writing to the Planning Director, provided that such additional proffers are among those previously recommended by the Planning Director or the Planning Commission. No new material proffers, other than those recommended by the Planning Director or the Planning Commission, shall be sub- mitted by the Applicant. The Planning Director shall file such additional proffers in the same manner as aforesaid. f. The City Council may refer to the City Attorney for review of any proffer or proffers submitted by an Applicant prior to adoption thereof by the City Council. g. In the event that the Applicant desires to submit additional proffers or to amend previously submitted proffers otherwise than as provided hereinabove, the application shall be referred to the Planning Commission for additional public hearings and recommendations, and thereafter the application shall 'be considered as provided herein. Costs of additional advertising and expenses of remailing additional notice shall be borne by the Applicant. 1976-28 -3 h. In the event that the City Council adopts any such proffers as a part of the enactment of an amendment to the zoning map, the Zoning Administrator shall indicate the existence of such conditions when correcting the zoning map by affixing the suffix "(p)" to the zoning district designated for the subject property in any such amendment to the zoning map (e.g., C-l(p); RT-6 (p) ; M-i(p)) . This ordinance shall become effective immediately upon its adoption. Introduced: Adopted: November 9, 1976 Attest: