Loading...
19890829 1989-37ORDINANCE NO. 1989- 37 AN ORDINANCE AMENDING SECTION 26-5 AND ADDING A NEW SECTION 26-5.1 OF THE CODE OF THE CITY OF FAIRFAX PERTAINING TO ZONING AMENDMENTS BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Section 26-5 of the Code of the City of Fairfax, Virginia, is hereby repealed and replaced in its entirety with the following: "Section 26.5. Zoninq map amendments (a) Application. Application for a change of zoning (zoning map amendment) of a parcel or parcels of land, including amendments to any previously-approved general development plan or any conditions previously proffered by an applicant and accepted by the city council, shall be made by the property owner, contract purchaser with the owner's consent or the owner's agent on forms provided by the zoning administrator. The application shall be accompanied by a plat bearing a certification date within six (6) of the date of filing such application prepared by a certified surveyor. In addition, the applicant shall provide the information required below by subsection (d) under oath sworn to, Ore a notary public or other official before which oaths are taken, by the applicant, his attorney or agent. All required information, the fee required by Section 26-3 and all other required costs shall accompany the application before it shall be considered filed. (b) Advertisement required. Ail applications shall be referred to the planning commission and heard by it in a legally advertised public hearing. The planning commission shall not recommend nor the city council approve any application until notice of intention to do so has been published once a week for two (2) successive weeks in a newspaper published or having general circulation in the city; provided that such notice for both the planning commission and the city council may be published concurrently. Such notice shall specify the time and place of the hearing at which persons affected may appear and present their views, not less than six (6) days nor more than twenty-one (21) days after the second advertisement shall appear in such newspaper. The planning commission and city council may hold a joint public hearing after public notice as set forth herein. If such joint hearing is held, then public notice as set forth herein need be given only by the city council. The term two successive weeks as used in this paragraph shall mean that such notice shall be published at least twice in such newspaper with not less than six (6) days elapsing between the first and second publication. (c) Notice required. When a proposed change in zoning ordinance involves a change in the zoning classification of twenty- five (25) or less parcels of land, then, in addition to the advertising as above required, written notice shall be given by the planning commission at least five (5) days before the hearing to the owner or 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. Notice shall also be given to the owner, their agent or the occupant, of all abutting property and property immediately across the street from the property affected which lies in Fairfax County. Notice sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment books shall be deemed adequate compliance with this requirement. If the hearing is 1989-37 -2 continued, notice shall be remailed. Costs of any notice required under this chapter shall be taxed to the applicant. When a proposed change in zoning involves a change in the zoning map classification of more than twenty-five (25), but less than five hundred (500) parcels of land, then, in addition to the advertising as above required, written notice shall be given by the planning commission at least five days before the hearing to the owner, owners, or their agent of each parcel of land involved. One notice sent by first class mail to the last known address of such owner as shown on the current real estate tax assessment books shall be deemed adequate compliance with this requirement, provided that the director shall make affidavit that such mailings have been made and file such affidavit with the papers in the case. Nothing in this paragraph shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure by the representative of the local commission to give written notice to the owner, owners or their agent of any parcel involved. Whenever the notices required hereby are sent by the city, such notices may be sent by first class mail provided, however, the director shall make affidavit that such mailings have been made and file such affidavit with the papers in the case. At least ten (10) days prior to the date of any public hearing before the planning commission on any proposed change in zoning, the notice shall be posted on the property by the city indicating the nature of the change in zoning and the time and place of the public hearing. (d) Disclosure of legal and equitable ownership. Any application for a change in zoning shall include as part of the application a statement on a form provided by the zoning administrator providing complete disclosure of the legal and equitable ownership in any real estate to be affected by the requested change in zoning. In the case of corporate ownership of real estate, the disclosure shall include the names of stockholders, officers and directors and in any case the names and addresses of all the real parties in interest; provided, however, that the requirement of listing the names of stockholders, officers and directors shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than fiYe hundred (500) shareholders. Such disclosure shall be sworn to under oath before a notary public or other official before whom oaths may be taken. (e) City council action. After the public hearing before the planning commission, the commission may report a recommendation to the city council. Failure of the commission to report ninety (90) days after the first meeting of the commission after the proposed amendment has been referred to the commission, or such shorter period as may be prescribed by the city council, shall be deemed approval. The city council shall hold a public hearing on the proposed amendment and render its decision only after posting, advertising and notification of property owners by the city of the public hearing have been performed in the manner specified in (b) and (c) above. However, no land may be zoned to a more intensive use classification than was contained in the public notice without additional public hearings as provided herein. (f) Status upon denial. Upon the denial of any application for a change in zoning, no further application for a change in zoning which is substantially the same as that which was denied shall be filed for such property within twelve (12) months of the date of denial except as provided for in subsection (h) below. 1989-37 -3 (g) Withdrawal of application. The applicant may withdraw any application filed pursuant to subsection (a) above at any time before the matter is called on the agenda of the city council for the advertised public hearing. Thereafter, such application may be withdrawn only upon the affirmative vote on the majority of the city council present and voting. (h) City council initiated zoning map amendment. The city council may initiate a change in zoning by referring a proposal to the planning commission for a public hearing, whether or not any application for change in zoning of the property has been denied within the preceding twelve (12) months. Sec. 26-5.1 Other zoninq amendments. (a) Initiation. Any amendment to Chapter 26 of the Code of the City of Fairfax, Virginia, except zoning map amendments, shall be initiated by affirmative vote of the planning commission or city council. (b) Planning commission hearing and advertisement required. All such amendments shall be heard by the planning commission in a legally advertised public hearing. Proposed amendments shall be advertised by publication as specified in Section 26-5(b). (c) City council action. After the public hearing before the planning commission, the commission may report a recommendation to the city council. Failure of the commission to report ninety (90) days after the first meeting of the commission after the proposed amendment has been referred to the commission, or such shorter period as may be prescribed by the city council, shall be deemed approval. The city council shall hold a public hearing on the proposed amendment and render its decision only after advertisement of the public hearing has been performed in the manner specified in (b) above." This ordinance shall be effective as provided by law. PLANNING COMMISSION HEARING: July 10, 1989 CITY COUNCIL HEARING: August 29, 1989 ADOPTED: August 29, 1989 ATTEST: City Clerk