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Ex. MET-DCM-094 Order Primary source read

Emergency Uncodified Ordinance to Provide a Method to Assure Continuity in Fairfax County Government During the COVID-19 Emergency by Temporarily Approving Outdoor Dining and Outdoor Fitness and Exercise Activities Subject to Certain Conditions

Emergency uncodified ordinance approving outdoor dining and outdoor fitness (adopted May 28, 2020)

Fairfax County Board of Supervisors · Fairfax County, Virginia (County)

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The record

Jurisdiction
Fairfax County, Virginia · Washington suburbs · Maryland
Level
County
Authority
Va. Code §§ 15.2-1413 and 15.2-1427 ('provide a method to assure continuity in its government, in the event of an enemy attack or other disaster')
Issued
2020-05-28 May 28, 2020
Effective
2020-05-28 (upon adoption; for Phase One beginning May 29, 2020 in Northern Virginia) (read as 2020-05-28)
End
'This emergency approval automatically expires upon the repeal or [expiration of the Governor's restrictions]' (¶D.10.b). (read as 2021-06-30)
In force
May 28, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Capacity limitWorkplace rulesOther
Addressees
  • restaurants, wineries, breweries, fitness centers, gymnasiums, recreation centers, sports facilities in Fairfax County (outside the towns of Clifton, Herndon and Vienna unless they opt in)
Functions reached
  • DR dining moved outdoors under conditions
  • FC fitness outdoors
  • PM permits waived
  • CB patrons
Collection
Washington suburbs MET-DCM

Operative words

With the impending expiration of Phase Zero in Northern Virginia, the County needs to be prepared for Phase One. Under current County ordinances and regulations, business owners would typically be required to pursue a range of applications to allow outdoor dining and outdoor fitness and exercise activities... To that end, this emergency ordinance automatically approves outdoor dining and outdoor fitness and exercise activities that meet certain conditions, including those established by the Governor in Phase One... D. Expansion of Outdoor Dining and Outdoor Fitness and Exercise [Activities is approved]... all subject to the following conditions... b. This emergency approval automatically expires upon the repeal or [expiration of the Governor's order].

Enforcement

Zoning and permit enforcement suspended for compliant uses; conditions enforceable under the ordinance

Notes

Recites the Commonwealth's chronology: EO 53 (Mar. 23), EO 55 (Mar. 30), EO 61 (May 8), EO 62 (May 12, extending Phase Zero for Northern Virginia through May 28, 2020, amended May 14 for other localities).