20011211 2001-22ORDINANCE NO. 2001- 2001- 22
AN ORDINANCE AMENDING SECTION 86-3 OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA, TO PROVIDE FOR ADMINISTRATIVE
REVIEW OF SIMPLE BOUNDARY LINE ADJUSTMENTS
BE IT ORDAINED, by the City Council of the City of Fairfax, that Section 86-3 of
the Code of the City of Fairfax, Virginia, is hereby amended to add new subsection (c) as
follows:
(c)
The Director may waive one or more of the minimum requirements of the subdivision
ordinance in the following cases when the listed requirements have been met:
(1)
The boundaries of a nonconforming lot may be adjusted along with the boundahes of
any contiguous conforming lot, provided such adjustment does not make the
conforming lot nonconforming and does not make the nonconforming lot more
nonconforming. A boundary adjustment between two nonconforming lots shall be
permitted provided that no new lot is created and the resultant lot lines do not
aggravate any existing nonconformity.
(2)
The granting of such waiver will have no substantially adverse effect upon the
residents of the proposed subdivision, nor upon any property adjoining such proposed
subdivision, and the Director specifically finds in writing that the purposes of such
minimum requirements are (a) substantially fulfilled by the plan submission or (b) that
it would serve no substantial public purpose to impose such a requirement under the
circumstances and conditions of such submission with respect to the land to be
subdivided.
(3)
There shall be no additional lots or outlots created, no increase in the maximum
density and the resultant lot lines shall not create any new or aggravate any existing
noncompliance with regard to minimum lot area, lot width, or minimum yard
requirements.
The ordinance shall become effective as provided by law.
Introduced:
Public Hearing:
Adopted:
November 27, 2001
December 11, 2001
December 11, 2001
The vote on the motion to adopt the ordinance was recorded as follows:
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Rodio
Councilman Rasmussen
Councilman Silverthome
VOTE
Aye
Aye
Aye
Aye
Aye
Aye
Mayor
Date
ATTEST:
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