Loading...
19810414 1981-3 ORDInaNCE NO. 1981-3 AN ORDINANCE AMENDING SECTIONS 26-138, 26-139, 26-149, 26-150, 26-170, 26-170.1, 26-171, 26-175 AND 26-176 AND ENACTING NEW SECTION 26-175.1 OF CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFA×, VIRGINIA BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Chapter 26 of the Code of the City of Fairfax, Virginia be and the same hereby is amended as fol lows: 1. That Section 26-138(b)(11) of said Chapter be and it is hereby amended to read in its entirety as follows: "(11) Movie theaters and bowling alleys." 2. That Section 26-139(b) of said Chapter be and it is hereby amended to read in its entirety as follows: "(b) Commercial: theaters other than movie theaters." 3. That Section 26-149(b) (11) be and it is hereby amended to read in its entirety as follows: "(11) Movie theaters and bowling alleys." 4. That Section 26-150 be and it is hereby amended to add a Subsection numbered 26-150(b) (3), which Subsection shall read in its entirety as follows: "(3) Theaters other than movie theaters." 5. That Section 26-170(d) of said Chapter be and it is hereby amended to read in its entirety as follows: "(d) Retail stores, laundromats, cleaning, pressing and tailoring shops, printers, movie theaters, public utility use excluding property yards, hotels, motels, provided that commercial uses shall be conducted entirely within enclosed buildings with no outside display of merchandise;" 6. That Section 26-170.1(a) of said Chapter be and it is hereby amended to read in its entirety as follows: "(a) The following uses may be permitted subject to securing a special use permit from the city council as provided in subsection (b) of this section: Commercial parking facility, theaters other than movie theaters." 7. That Section 26-171(c) of said Chapter be and it is hereby amended to read in its entirety: "(c) Reserved;" 1981-3 -2- 8. That Section 26-175(d) of said Chapter be and it is hereby amended to read in its entirety as follows: "(d) Retail stores, laundromats, cleaning, pressing and tailoring shops, printers, movie theaters, public utility use excluding property yards, hotels, motels, provided that commercial uses shall be conducted entirely within enclosed buildings with no outside display of merchandise ;" 9. That a new Section 26-175.1 of said Chapter be and it is hereby enacted to read in its entirety as follows: "Sec. 26-175.1. Same--With ~ermit to be issued only by the city council. (a) The following uses may be permitted subject to securing a special use permit from the city council as provided in subsection (b) of this section: Theaters other than movie theaters. (b) Any special use permit in this zone required to be issued only by the city council shall be issued in accordance with the procedure hereinafter set out: (1) An applicant for a special use permit under this subsection (b) shall make application to and on forms provided for that purpose by the zoning administrator, and the application shall be accompanied by a fee of fifty dollars. (2) Each such application within thirty days after filing shall be placed upon an agenda of a city council meeting and the city council shall schedule a public hearing upon the application, and shall cause to be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the city a notice of the time and place of the public hearing. This hearing shall be not less than six d. ays nor more than twenty-one days after final publication of the notice. At least ten days prior to the date of any such public hearing the property shall be posted by the city and the applicant shall notify all adjacent and at least three additional neighboring property owners by certified mail. (3) The city council is hereby empowered to grant special use permits when in the judgement of the council such special use permit shal 1 be in harmony with the general purpose and intent of the zoning regulations and map, such use will not be objectionable by reason of smoke, dust, odor, vibration or sight, and wil 1 not tend to affect adversely the use of neighboring property or the welfare of persons living and working in the neighborhood of the proposed use. ( 4 ) The city council in cons ider ing any application for a special use permit shall consider the following factors and standards: The size and shape of the lot on which the use is proposed, access to streets for both vehicular and pedestrian traffic, lighting, noise, traffic; and taking into consideratien future increase of vehicular traffic, lighting, noise, sight, smoke, dust, odor, vibration and other factors which may affect the serenity of the neighborhood, the safety and movement of vehicular and 1981-3 -3- pedestrial traffic upon adjacent streets, the safety of children living in the area, the location, height and design of building, walls, the desirability or feasibility of fences and landscaping proposed and over-al 1 impact of the proposed use upon the development and use of adjacent land. (5) The city council may impose conditions upon the issuance of any special use permit, including requiring a bond or imposing a time limitation. In imposing such said conditions and limitations, the city council shal 1 be guided by the standards and considerations as set forth in paragraphs (3) and (4) of this subsection." 10. That Section 26-176(c) of said Chapter be and it is hereby amended to read in its entirety as follows: "(c) Reserved;" 11. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portion of this ordinance, which shall remain in full force and effect; and to this end the provisions of this ordinance are hereby declared to be seve rab le. This ordinance shall become effective immediately upon its adoption. Introduced: Adopt ed: ATTEST: April 14, 1981 MAYOR