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Fairfax City Zoning Code

§ 260-18

Conditional use permits, variances or special use permits.

A. 
In granting a conditional use permit/variance or special use permit the Council may prescribe appropriate conditions to insure compliance and to protect adjacent properties.
B. 
Upon filing with the City Clerk-Treasurer an application for consideration of zoning request, a date must be set for a hearing thereon, which shall be not later than 45 days from the date of filing, and shall hear such persons as wish to be heard either in person or in writing. Notice of any such hearing shall be mailed not less than 10 days before the date of hearing to each person who filed the request, and to each owner of property situated wholly or partly within 350 feet of the property to which the request relates.
C. 
The Council must determine that such use at the proposed location will be consistent with the general and applicable specific objectives of the Comprehensive Plan and this chapter, will be harmonious and appropriate in the area and will not be hazardous or disturbing to neighboring uses.
D. 
If the Council denies the special or conditional use permit, the Council shall include in its determination findings as to the ways in which the proposed use does not comply with the standards imposed by this chapter. In approving any special or conditional use permit the Council may impose conditions which it considers necessary to meet the standards of this chapter and to protect the best interests of the surrounding area and the City as a whole.