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19820622 1982-20ORDINANCE NO. 1982-20 AN ORDINANCE AMENDING SECTIONS 26-4, 26-170.1, 26-171, 26-175.1, 26-176, AND 26-188, AND ADDING A NEW SECTION 26-187.2 TO CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA. BE IT ORDAINED by the City Council for the City of Fairfax, Virginia that Chapter 26 of the Code of the City of Fairfax, Virginia be and the same is hereby amended as fol lows: 1. Section 26-4 is amended by changing the definition of the term "Amusement Arcade" to read as follows: "Amusement Arcade. A principal use in which six or more amusement machines are available for the amusement of the general public." 2. Subsection 26-170.1(a) is amended to change paragraph (5) and to add paragraph (6) to read in their entirety as fol lows: "(5) Ancillary amusement machine uses. a. Three, four or five amusement machines may be allowed in any establishment with 1000 or more square feet of floor area open to the public. b. No amusement machines shal 1 be allowed in any establishment which has less than 1000 square feet of floor area open to the public. c. In any establishment with 1000 or more square feet of floor area, the floor area occupied by the amusement machines shall not be more than five percent (5%) of the floor area open to the public. d. Unless waived by the city council, no ancillary amusement machine use operated in conjunction with a restaurant shall be located within two hundred (200) feet of a residential zone. (6) Amusement arcades. a. All amusement arcades not located in a retail shopping area which is designed as a single commercial group, is under ccmmon management, forms one continuous structure, shares a common parking area, and has more than 40,000 gross square feet of building area, shall provide one parking space for each two amusement machines together with sufficient maneuvering area and access to a public street." 3. Subsections 26-171(q) and (s) are amended to read in their entirety as follows: "(q) Reserved;" "(s) Ancillary amusement machine uses. (1) One or two amusement machines may be allowed in any establishment with 1000 or more square feet of floor area open to the public. 1982-20 -2- (2) No amusement machines shal 1 be al lowed in any establishment which has less than 1000 square feet of floor area open to the public. (3) In any establishment with 1000 or more square feet of floor area, the floor area occupied by the amusement machines shall not be more than five percent (5%) of the floor area open to the public." 4. Subsection 26-175.1(a) is amended to change paragraph (4) and to add paragraph (5) to read in their entirety as fol lows: "(4) Ancillary amusement machine uses. a. Three, four or five amusement machines may be allowed in any establishment with 1000 or more square feet of floor area open to the public. b. No amusement machines shal 1 be allowed in any establishment which has less than 1000 square feet of floor area open to the public. c. In any establishment with 1000 or more square feet of floor area, the floor area occupied by the amusement machines shall not be more than five percent (5%) of the floor area open to the public. d. Unless waived by the city council, no ancillary amusement machine use operated in conjunction with a restaurant shall be located within two hundred (200) feet of a residential zone. (5) Amusement arcades. a. All amusement arcades not located in a retail shopping area which is designed as a single commercial group, is under common management, forms one continuous structure, shares a common parking area, and has more than 40,000 gross square feet of building area, shall provide one parking space for each two amusement machines together with sufficient maneuvering area and access to a public street." 5. Subsections 26-176 (r) and (t) are amended to read in their entirety as follows: "(r) Reserved;" "(t) Ancillary amusement machine uses. (1) One or two amusement machines may be allowed in any establishment with 1000 or more square feet of floor area open to the public. (2) No amusement machines shall be al lowed in any establishment which has less than 1000 square feet of floor area open to the public. (3) In any establishment with 1000 or more square feet of floor area, the floor area occupied by the amusement machines shall not be more than five percent (5%) of the floor area open to the public." 6. Section 26-187.2 is added to read in its entirety as fol lows: 1982-20 -3- "Sec. 26-187.2. Same--With permit to be issued only by the city council. (a) The following uses may be permited subject to securing a special use permit from the city council as provided in subsection (b) of this section: (1) Ancillary amusement machine uses. a. Three, four or five amusement machines may be allowed in any establishment with 1000 or more square feet of floor area open to the public. b. No amusement machines shal 1 be allowed in any establishment which has less than 1000 square feet of floor area open to the public. c. In any establishment with 1000 or more square feet of floor area, the floor area occupied by the amusement machines shall not be more than five percent (5%) of the floor area open to the public. ( 2 ) Amusement arcades. a. All amusement arcades not located in a retail shopping area which is designed as a single commercial group, is under common management, forms one continuous structure, shares a common parking area, and has more than 40,000 gross square feet of building area, shall provide one parking space for each two amusement machines together with sufficient maneuvering area and access to a public street. (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) Within thirty days after filing, such application shall be placed upon an agenda of a city council meeting and the city council shall schedule a public hearing upon the application. A notice of the time and place of the public hearing shal 1 be advertised by publication once a week for two successive weeks in a newspaper published in or having general circulation in the city. Final publication of the notice shall occur not less than six days nor more than twenty-one days before the date of the public hearing. 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 give notice of the public hearing to all adjacent and at least three additional neighboring property owners by certified mail. (3) The city council is empowered to grant special use permits under this section when in the judgment of the counc il, in cons ideration of the factors set forth in subsections 26-103(c) and (d), such special use permit shall be in harmony with the general purpose and intent of the zoning regulations and map. (4) The city council may impose conditions upon the issuance of any special use permit, including 1982 -20 -4- requiring a bond or imposing a time limitation. In imposing such conditions and limitations, the city council shal 1 be guided by the standards and considerations as set forth in subsections 26-103(c) and (d)." 7. Subsections 26-188 (m) and (n) are amended to read in their entirety as follows: "(m) Ancillary amusement machine uses. (1) One or two amusement machines may be allowed in any establishment with 1000 or more square feet of floor area. (2) No amusement machines shall be allowed in any establishment which has less than 1000 square feet of floor area. (3) In any establishment with 1000 or more square feet of floor area, the floor area occupied by the amusement machines shall not be more than five percent (5%) of the floor area open to the public. (n) Reserved." This Ordinance will become effective immediately upon its adoption. Public hearing before Planning Commission: May 10, 1982 Public hearing before City Council: June 22, 1982 Adopted: June 22, 1982 ATTEST: MAYOR