Fairfax City Zoning Code
CHAPTER 17
036: APPEALS AND DIRECTED REFERRALS
§ 17.036.010 APPEALS; PURPOSE.
The purpose of the appeal procedure is to provide recourse in case it is alleged that there is error in any order, requirement, permit, decision or determination made by an administrative official, advisory body or Planning Commission in the administration or enforcement of this title.
(Prior Code, § 17.20.010) (Ord. 352, passed - -1973)
§ 17.036.020 APPEALS; BY WHOM MADE.
Any person aggrieved by the action of an administrative official, advisory body or the Planning Commission, in the administration or enforcement ofthis title, may make verified application to the Town Clerk in the manner prescribed by the Town Council within ten days of any action that is appealed to the Town Council.
(Prior Code, § 17.20.020) (Ord. 352, passed - -1973)
§ 17.036.030 APPEALS; STAY OF PROCEEDINGS.
Application shall stay all proceedings and furtherance the action appealed from unless the officer from whom the appeal is taken certifies that a stay would, in his or her opinion, cause imminent peril to life and property.
(Prior Code, § 17.20.030) (Ord. 352, passed - -1973)
§ 17.036.040 APPEALS; NOTICE OF HEARING.
Notice of the time, place and purpose of the hearing shall be given in the same manner required for the hearing conducted by the body whose decision is the subject of the appeal.
(Prior Code, § 17.20.040) (Ord. 352, passed - -1973; Am. Ord. 628, passed - -1994)
§ 17.036.050 APPEALS; SUBMISSION OF RECORD.
A full record, in writing, shall be submitted by the officer or body whose action is appealed, setting forth the reasons for action taken.
(Prior Code, § 17.20.050) (Ord. 352, passed - -1973)
§ 17.036.060 APPEALS; ACTION BY COUNCIL.
The Council may, within the terms of this title, affirm, reverse or modify the action appealed as it deems just and equitable and the Council may exercise all rights of any other officer or Planning Commission in acting upon the matter appealed. The Council may conduct a de novo hearing on the entire pending application and shall not be limited to a consideration of the grounds set forth in the appeal application. Except as otherwise provided by law, a tie-vote of the Town Council, which is not followed by a continuance of the matter for further consideration, shall be deemed a denial of the pending application.
(Prior Code, § 17.20.060) (Ord. 352, passed - -1973; Am. Ord. 563, passed - -1987; Am. Ord. 650, passed - -1996)
§ 17.036.070 APPEALS; REVIEW OF COUNCIL ACTION BY COURTS.
Action of the Town Council may be reviewed by courts having jurisdiction.
(Prior Code, § 17.20.070) (Ord. 352, passed - -1973)
§ 17.036.080 APPEALS; FILING FEES.
The filing fee for any planning action provided by ordinance, for which no fee is currently established, shall be paid according to a schedule adopted by resolution of the Town Council.
(Prior Code, § 17.20.080) (Ord. 352, passed - -1973; Am. Ord. 443, passed - -1978)
§ 17.036.090 DIRECTED REFERRALS; PURPOSE.
(A) Sections 17.036.090 through 17.036.130 are established to permit the Town Council to assume jurisdiction on applications where action has been taken and is normally final at a lesser level of authority.
(B) The sections are intended to be used as an additional safeguard to avoid results inconsistent with the purposes of Title 17.
(Prior Code, § 17.20.090) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984; Am. Ord. 793, passed 6-3-2015)
§ 17.036.100 DIRECTED REFERRALS; PROCEDURE.
In exercising the authority granted by §§ 17.036.090 through 17.036.130, a written directive, signed by at least one Council member, must be submitted to the Town Manager. The form shall be prescribed by the Town Clerk. No fee shall be required.
(Prior Code, § 17.20.100) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984; Am. Ord. 793, passed 6-3-2015)
§ 17.036.110 DIRECTED REFERRALS; TIME LIMIT.
Directed referral action must be exercised within the established time limits for appeals for a particular action or, in the case where no time limit for appeal is specified, within ten working days of the action being referred.
(Prior Code, § 17.20.110) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984)
§ 17.036.120 DIRECTED REFERRALS; BASIS.
In directing that an action be referred to the Town Council, there shall be a presumption applied that the reason for the directive is that the action has significant and material effects on the quality of life within the town. No inference of bias shall be presumed due to such a request for review being made by one or more Council members.
(Prior Code, § 17.20.120) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984; Am. Ord. 793, passed 6-3-2015)
§ 17.036.130 DIRECTED REFERRALS; ACTION BY COUNCIL.
(A) Any action brought before the Town Council by the directed referral process is before the Council in a state of full review. The Council may conduct a de novo hearing on the pending application. All alternatives available to the primary authority are also available to the Council such that approval, approval with conditions or denial action may be taken by the Council.
(B) Except as otherwise provided by law, a tie-vote of the Town Councilshall be deemed a denial of the pending application.
(Prior Code, § 17.20.130) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984; Am. Ord. 650, passed - -1996; Am. Ord. 793, passed 6-3-2015)
§ 17.036.140 DIRECTED REFERRAL TO TAKE PRECEDENCE OVER APPEAL.
Where an action is appealed and a directed review is called, the directed review procedure shall take precedence and the appeal shall be void; i.e., where a plan review action is appealed and a directed review is called the directed review shall be heard by the Town Council.
(Prior Code, § 17.20.140) (Ord. 352, passed - -1973; Am. Ord. 513, passed - -1984)