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2020-12ORDINANCE NO.2020-12 AN EMERGENCY ORDINANCE TO PERMIT TEMPORARY WAIVERS OF ZONING REGULATIONS AND REVIEW REQUIREMENTS IN CONNECTION WITH OUTDOOR COMMERCIAL ACTIVITY WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia arising from the novel Coronavirus (COVID-19) pandemic; and WHEREAS, Executive Order Fifty -One acknowledged the existence of a public health emergency which constitutes a disaster as defined by Virginia Code § 44-146.16 arising from the public health threat presented by a communicable disease anticipated to spread; and WHEREAS, Executive Order Fifty -One ordered implementation of the Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia Emergency Operations Center to provide assistance to local governments, and authorization for executive branch agencies to waive "any state requirement or regulation" as appropriate; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency, beginning March 1, 2020, in response to the spread of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared the COVID- 19 outbreak a pandemic; and WHEREAS, on March 16, 2020, effective at 10:00 a.m. and extending through June 10, 2020, at 12:01 a.m. (the "Emergency Period"), the City Manager, in his capacity of Director of Emergency Management, issued a Declaration of Local Emergency — COVID-19 (the "City Declaration") applicable throughout the entire City of Fairfax, Virginia (the "City"), pursuant to authority granted pursuant to City Code § 33-11, and Virgina Code §§ 44-146.21 and 15.2-1413, which City Declaration was unanimously consented to by the City Council on March 17, 2020, pursuant to City Resolution No. R-20-07, as required by applicable law; and WHEREAS, the Governor, by and through his Executive Orders, specifically Executive Orders 61 and 62, has modified the previous suspension of certain business activity to permit limited business activity; and WHEREAS, this emergency ordinance is deemed to be a reasonable and temporary method to assist City businesses to operate consistent with the Governor's Executive Orders and to assist with reducing the adverse economic impact of the COVID-19 pandemic. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia: 1. That the City Manager or his designee shall have the authority to permit temporary emergency outdoor commercial activity and operations for existing City businesses and, in connection with such action, may waive City Code and/or City Zoning Ordinance requirements as they relate to the engaging of business activity outside of a wholly enclosed building, the use of onsite sidewalks, and required parking areas for outdoor commercial activity. 2. Specific regulations regarding signs, required parking spaces, and requirements for outdoor dining and service areas, may be waived in the discretion of the City Manager or his designee. Outdoor commercial activity shall be conducted only by commercial businesses located on the site for which the permit is being issued. 3. Outdoor commercial activity may be conducted only by commercial businesses located on the site for which a permit hereunder is being issued. 4. Any permit issued hereunder may be revoked by the City Manager if such business violates the terms of the permit or other requirements of law, specifically including, but not limited to, the Forward Virginia blueprintguidelines issued by the Governor. IT IS FURTHER ORDAINED that notwithstanding any provision of law, regulation or policy to the contrary, an emergency is deemed to exist, and this ordinance shall be effective upon its adoption. INTRODUCED: May 26, 2020 PUBLIC HEARING: May 26, 2020 ADOPTED: May 26, 2020 ATTEST: City Clerk VOTE: Councilmember DeMarco Aye Councilmember Lim Aye Councilmember Miller Aye Councilmember Passey Aye Councilmember Stehle Aye Councilmember Yi Aye A9o4-A,"4-�e Mayor "-�L Date