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19820601 1982-16ORDINANCE NO. 1982-16 AN ORDINANCE ADDING SECTION 26-165.1, AND AMENDING SECTIONS 26-4, 26-104, 26-166, 26-170.1, 26-171, 26-175.1 AND 26-176 OF 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 follows: 1. Subsection 26-4 is amended to change the definition of the term "Entertainment" to read in its entirety as follows: "Entertainment. An ancillary use in a restaurant which use provides live, participatory, audio, visual, video or other recorded shows, acts, events or amusements for the benefit of patrons in the restaurant. This term shal 1 not include amusement machines, dancing areas, movie theatres, theatres other than movie theatres, or regularly broadcast radio and/or television programming." 2. Subsection 26-104(a) is amended to read in its entirety as follows: "(a) The Board of Zoning Appe al s i s hereby empowered to grant special use permits for the C1-L, C-i, C-2, C-3, I-1 and I-2 districts except where the city council has expressly reserved for itself authority to grant special use permits. In considering an application for a special use permit, the permit issuing authority shall consider whether such special use permit is in harmony with the general purpose and intent of this chapter and the official zoning map." 3. A new section 26-165.1 is added to read in its entirety as follows: "Sec. 26-165.1. 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: (1) Dancing areas, provided that such areas, together with any entertainment, shal 1 not exceed twenty-five percent (25%) of the gross floor area of the restaurant. a. Unless waived by the city council, no dancing area shall be located within two hundred (200) feet of a residential zone. ( 2 ) Entertainment, provided that such entertainment, together with any dancing area, shall not exceed twenty-five percent (25%) of the gross floor area of the restaurant. a. Unless waived by the city council, no entertainment shall be located within two hundred (200) feet of a residential zone. 1982-16 -2- (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 sixty 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 council, 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 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)." 4. Subsections 26-166(d) and (i) are amended to read in their entirety: "(d) Reserved; (i) Reserved;" 5. Section 26-170.1 is amended to read in its entirety as fol lows: "(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: (1) Commercial parking facilities. ( 2 ) Theaters other than movie theaters. (3) Dancing areas, provided that such areas, together with any entertainment and ancillary amusement machine use, shall not exceed twenty-five percent (25%) of the gross floor area of the restaurant. a. Unless waived by the city council, no dancing area shall be located within two hundred (200) feet of a residential zone. 1982-16 -3- ( 4 ) Entertainment, pr ovid ed that su ch entertainment, together with any dancing area and ancillary amusement machine use, shal 1 not exceed twenty-five percent (25%) of the gross floor area of the restaurant. a. Unless waived by the city council, no entertainment shall be located within two hundred (200) feet of a residential zone. (5) such uses restaurant. Ancillary amusement machine uses when are operated in conjunction with a a. The amusement machines shal 1 not occupy more than five percent (5%) of the floor area open to the public in any restaurant. b. Three, four or five machines may be allowed in any restaurant. amus eme nt c. 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. (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 sixty 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 council, 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 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)." 1982-16 -4- 6. Subsections 26-171(k) and (r) are amended to read in their entirety: "(k) Reserved; (r) Reserved;" 7. Section 26-171 is amended to add subsection (s) to read in its entirety: "(s) Ancillary amusement machine uses. (1) restaurant: In any establishment other than a a. No amusement machine shal 1 be allowed in any establishment which has less than 1000 square feet of floor area. b. In any establishment with more than 1000 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. c. There shal 1 be no more than amusement machines allowed in any establishment. five (2) In a restaurant: a. The amusement machines shall not occupy more than five percent (5%) of the floor area open to the public. b. One or two amusement machines may be allowed in any restaurant." 8. Section 26-175.1 is 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: (1) Theaters other than movie theaters. (2) Dancing areas, provided that such areas, together with any entertainment and ancillary amusement machine use, shall not exceed twenty-five percent (25%) of the gross floor area of the restaurant. a. Unless waived by the city council, no dancing area shall be located within two hundred (200) feet of a residential zone. ( 3 ) Entertainment, provided that such entertainment, together with any dancing area and ancillary amusement machine use, shal 1 not exceed twenty-five percent (25%) of the gross floor area of the restaurant. a. Unless waived by the city council, no entertainment shall be located within two hundred (200) feet of a residential zone. (4) such uses restaurant. Ancillary amusement machine uses when are operated in conjunction with a 1982-16 -5- a. The amusement machines shall not occupy more than five percent (5%) of the floor area open to the public in any restaurant. b. Three, four or five machines may be allowed in any restaurant. amusement c. 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. (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 sixty 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 council, 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 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) ." 9. Subsections 26-176(j) and (s) are amended to read in their entirety: "(j) Reserved; (s) Reserved;" 10. Section 26-176 is amended to add subsection (t) to read in its entirety: "(t) Ancillary amusement machines uses. 1982-16 -6- ( 1 ) In any establishment other than restaurant: a a. No amusement machine use shall be allowed in any establishment which has less than 1000 square feet of floor area. b. In any establishment with more than 1000 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. c. There shall be no more than five amusement machines allowed in any one establishment. (2) In a restaurant: a. The amusement machines shal 1 not occupy more than five percent (5%) of the floor area open to the public. b. One or two amusement machines may be allowed in any restaurant." This ordinance shal 1 approval by the Mayor. take effect immediately upon its Public Hearing before Planning Commission: March 15, 1982 Public Hearing before City Council: May 11 and June 1, 1982 Adopted: June 1, 1982 ATTEST: MAYOR ~,~ City Clerk