1950 Ordinance 2009-2013

ZOA-13-03: Zoning Ordinance Reformat

Adopted May 18, 2013

This amendment is a comprehensive reformat of the Zoning Ordinance, with an effective date of July 1, 2013.  The new Ordinance is reorganized and reformatted, but does not incorporate any changes to policy. The purpose of the amendment was to clarify, update and improve the usability of the Ordinance to improve comprehension, administration and compliance. Features of the revised format include (staff report):

• Reorganization to remove the “pyramid” structure of the Zoning Ordinance and to create individual use lists for each zoning district
• Reformatting to include an updated look and to standardize presentation of regulations
• Inclusion of graphics and tables to clarify and summarize key regulations
• Incorporation of live links to improve ease of navigation of the ordinance

• Staff Report

ZOA-13-02: R-C Purpose Statement

Adopted February 23, 2013

The purpose of this amendment was to address an issue with the purpose paragraph language for  the “R-C” zoning district that presented an inconsistency between the County’s overall planning framework and the zoning tools best suited to implement that framework. As written, the purpose paragraph could have presented issues for future rezoning to “R-C” of property outside a one-quarter mile radius from a Metrorail station entrance.  The properties facing such an issue are those designated “High-Medium Residential Mixed-Use” and generally located in West Ballston, including several sites located in the North Quincy Street Plan Addendum area that are currently or recommended for such designation.  The County Board’s intent for the use of “R-C” zoning was not to be so limiting, as evidenced by earlier rezoning for property in the County that did not meet this strict standard of one-quarter mile radius from Metrorail station entrances.  Therefore, this amendment clarifies the original intent of the zoning district consistent with previous County Board actions to facilitate the potential future rezoning and development consistent with the established planning goals of the County. Specifically, this amendment permits the rezoning to “R-C” of any property currently designated “High-Medium Residential Mixed-Use” on the General Land Use Plan (GLUP) or expressly identified to be replanned or rezoned to the aforementioned GLUP or zoning categories in adopted County plans.  In addition, the amendment limits the application of “R-C” zoning to properties located within Metro Station Areas as identified on the GLUP and within one-half mile radius from Metrorail station entrances.

• Staff Report

ZOA 13-01: Parking Requirements for Elementary and Middle Schools and Recreational Uses

Adopted February 23, 2013

Through the conceptual planning processes for several public facilities identified as part of the 2013-22 Capital Improvements Program (CIP), including an aquatics facility at Long Bridge Park, a new elementary school at the Williamsburg campus and an expansion to Ashlawn Elementary School, it was identified that the number of parking spaces required per the Zoning Ordinance would present unique challenges for site design and that parking requirements in the Zoning Ordinance may need updating for consistency with County policy.  The County Manager subsequently directed staff to review current Zoning Ordinance parking requirements for elementary and middle schools, and for the planned aquatic center.  The study resulted in amendments to the Zoning Ordinance that revised parking requirements for elementary and middle schools, as well as gave the County Board the authority to modify parking requirements through the use permit process, for schools and recreational uses.

• Staff Report

Sidewalk, Umbrella, Parking Signs  – Adopted December 10, 2011. (ZOA-11-04).  An amendment to Section 34, that allows for the first time, signs on umbrellas (up to 4 sf per umbrella) and temporary sidewalk signs (A-frame or sandwich board signs) with a maximum height of 3.5 feet and sign area of 7 sf on each side.  Adopted standards for sidewalk signs require that a minimum clear walkway width of six feet exist on the sidewalk on which the sign is placed, and allow the sign to be placed within the landscape and utility zone (the area between the curb and the landscaping area), or within the area immediately adjacent to the building.  Placement of the sign must maintain any required clear walkway.  This amendment also allows parking signs consistent with Arlington way finding standards on parking garages that provide public parking during defined hours.  Staff Report.  Supplemental Report.

New C-O Crystal City Zoning District – Adopted December 10, 2011.  (ZOA-11-03).  Amendments to create a new zoning district and update several other districts to support the implementation of the Crystal City Sector Plan. “C-O Crystal City” was newly adopted as Section 25C. of the ordinance, to codify permitted uses, use limitations, special exceptions, and other regulations governing land use for properties within the “Crystal City Coordinated Redevelopment District” depicted on the General Land Use Plan in a manner consistent with the Sector Plan vision. Also includes amendments to: Section 1 to add new terms included in “C-O Crystal City”; Section 2.B to add “C-O Crystal City”, “C-O Rosslyn”, “Columbia Pike Form Based Code”, and “Mixed-Use Virginia Square” to the list of districts in the County; and Sections 25B.E.1 and 36.H.7 to clarify that the provisions of 36.H.7 shall not apply to the “C-O Crystal City” or “C-O Rosslyn” districts. Staff Report.

Large Format Sales Establishment – Adopted October 15, 2011.  (ZOA-11-02).  This amendment  defines the term “Large Format Sales Establishment” as a use for which the primary activity is the sale of any combination of food, merchandise and/or personal and business services, and for which a single certificate of occupancy is provided; and requires special exception use permit approval by the County Board for “Large Format Sales Establishments” that have either a gross floor area of 50,000 sf or more on any level or that propose to provide 200 or more parking spaces.  County-wide, commercial uses classified as “large format sales establishments” within “C-1” zoning districts, and by reference, within “C-3″,”MU-VS”, “C-O-A”, “C-M”, “M-1” and “M-2” zoning districts, are subject to this provision. Staff Report.

Regulating Farmers Markets as Open-Air Markets – Adopted June 11, 2011.  (ZOA-11-01).  Historically, farmers’ markets were regulated as vegetable and fruit stands, but due to the extent and range of products currently sold at the County’s farmers’ markets, all are more appropriately classified as open-air markets, which incorporate regularly occurring outdoor markets selling goods to the public.  This Zoning Ordinance amendment facilitates regulation of farmers markets as open-air markets, consistent with regulation of other outdoor markets selling goods to the public.  The amendment permits open-air markets are subject to use permit approval, in all commercial, industrial, public, and special districts. Staff Report.

FBC New Local North-South Street – Adopted April 16, 2011.  (FBC-13).  This amendment amended the Master Transportation Plan Map to add a new street segment between 11th Street South and 12th Street South.  Additionally, the Columbia Pike Form Based Code Town Center Regulating Plan was amended to incorporate this new north/south street with a “Local” designation and associated Required Building Lines.  The new street will facilitate improved site circulation to and from the redevelopment planned for this block, allow for an urban arrangement of townhouse buildings and open spaces, and will promote good urban design principles envisioned in the Form Based Code. Staff Report.

FBC 32′ Height Limit – Adopted April 16, 2011.  (FBC-12).  The FBC establishes Building Envelope Standards for all building sites within the Columbia Pike Special Revitalization District. The Building Envelope Standards set the basic parameters governing building construction, including height, depth, and placement of buildings, as well as other required elements, such as balconies, stoops and street walls. Within each Building Envelope Standard, height is generally limited to 32 feet where any part of the site is within 40 feet of a Building Envelope Standard lower in the hierarchy, or an existing single-family house. This amendment modified the 32-foot height limit to allow additional height in such areas between Form Based Code developments of different frontage types, and reduced the height where new development is within 40 feet of an existing single-family house, in order to ensure an appropriate transition up in height from single-family houses; to establish transitions between different FBC frontage types that balance urban design goals established in the FBC with the goal of providing increased light and air; and to avoid unintended design impacts resulting from  modification of architectural elements. Staff Report.

Criminal Penalties – Adopted January 22, 2011.  (ZOA-10-03).  Amendment to Section 37.F, Violations and Penalties, Criminal Penalties, to make it unlawful for a firm, corporation, owner, agent or occupant to violate Section 37.G. of the Zoning Ordinance (any violations treated as criminal penalties), and it clarify that the party responsible for causing or, with knowledge, permitting the three specific types of criminal violations as set forth in Section 37.G. can be cited and held liable for that violation.  Staff Report.

Height in Residential Districts– Adopted June 12, 2010.  (ZOA-10-02).  Amendment to Section 5. “R-20” One-Family Dwelling Districts to allow height up to 55 feet on sites of 100 acres or greater, subject to special exception use permit approval. Staff Report.

FBC Stoop, Stacked Flats, Finished Floor Elevation, Clear Heights – Adopted May 25, 2010.  Amendments to the Columbia Pike Form Based Code Building Envelope Standards and Definitions.  These amendments were studied in response to concerns about the requirement that all Local non-live/work units be elevated 36 to 60 inches above grade and concerns regarding the proliferation of stoops related to the construction of stacked flats.  The amendments provide greater clarity as to what is permitted in Local site development, to better regulate the design and impacts of such development and to remove a barrier to accessibility on Local sites unique to the Form Based Code, as follows: Permit construction of  non-live/work Local street buildings either zero (0) to five (5) inches above grade, in order to provide accessible entry, or at 36 to 60 inches above grade; clarify that stacked flat development is permitted on Local sites, while multifamily development is not;  allow no more than one stoop or porch per Local street building, plus an additional entry for English basements; and allow no more than two entries per stoop or porch; eliminate the parking waiver for Local sites under 20,000 square feet in land area when more than two units per local street building are provided. Staff Report.

FBC Corners – Adopted May 25, 2010..  The FBC establishes a Building Envelope Standard for all building sites within the Columbia Pike Special Revitalization District.  The BES set the basic parameters governing building construction, including height, depth and placement of buildings, as well as other required elements, such as balconies, stoops and street walls.  There are four different BES used throughout the Columbia Pike Special Revitalization District, specifically designated on the Regulating Plan, each of which establish different parameters.  In some cases a single development site may require development under more than one BES.  In such cases, where the BES changes along a site, the FBC permits one Building Envelope Standard to be extended up to 50 feet in either direction.  This amendment clarifies that a BES may also be extended where two BES meet at a corner. Staff Report.

Section 31A Historic Preservation Districts Appeals Standard – Adopted May 22, 2010. (ZOA-09-10A).  Amendments to Section 31A. Historic Preservation Districts.  December 12, 2009, the County Board adopted a comprehensive rewrite of Section 31A. Historic Preservation Districts (see ZOA-09-10 below). However, at that time, the County Board deferred consideration of the provisions for County Board review of appeals of Historical Affairs and Landmark Review Board (HALRB) decisions.  This amendment is the result of additional review of the appeals standard within the Historic Preservation Districts Section, by the HALRB, the Planning Commission and the County Board.  The amendments alter the responsibilities of the HALRB regarding Historic District Design Guidelines, amend the Historic District Designation Process for Historic District Design Guidelines, and alter the adoption process for Historic District Design Guidelines. Staff Report.

Vehicle Service Uses – Adopted April 27, 2010.  (ZOA-10-01/FBC-9).  Amendments to Sections 1, 16, 18, 19, 20 (and its Appendix A), 21, 25A, 26, 28, 32A, 33 and 34 to: 1) delete “automobile service station,” “public garage” and “tire shop” and replace with a new term, and single definition for “vehicle service establishment,” which includes vehicle fueling sales, accessory retail sales and vehicle service and repair uses; 2) permit vehicle service and repair as provided for in the “vehicle service establishment” definition, by use permit approval,“C-1” Local Commercial Districts, “CP-FBC” Columbia Pike Form Based Code Districts and “C-O-A” Commercial Office Building, Hotel and Apartment Districts; 3) create a new definition for and update references to “vehicle body shop” as a use that includes both repair uses and vehicle body work, painting and upholstering; and 4) update usage of automobile-related terms throughout the Zoning Ordinance.  Staff Report.  Supplemental Report.

FBC Streetscapes – Adopted January 23, 2010.   (ZOA-09-11/FBC-8).  Amendments Form Based Code Section II. Definitions, Section III. Regulating Plans, Section V. Streetscape Standards and Section VI. Architectural Standards.  As final landscape plans for approved projects under the Columbia Pike Form Based Code (FBC) and preliminary FBC proposals have been  reviewed, staff reexamined the FBC regulations for quantity and placement of benches, bike racks, and other streetscape elements.  These amendments modified the street tree alignment line; reduced the quantity of required bicycle parking spaces, equivalent to that required for site plan projects; reduced the required quantity of benches, and modified placement of benches; and added and removed specific species from the Street Tree List. Staff Report.

Rewrite of Section 31A Historic Preservation Districts – Adopted December 12, 2009.  (ZOA-09-10).  Amendments to Section 1. Definitions, Section 2. General Regulations and Section 31A. Historic Preservation Districts.  This comprehensive rewrite of Section 31A was recommended in the Historic Preservation Master Plan, adopted in December, 2006.  The changes include both legal and policy changes, in response to the growing scope of the HALRB, and reflects the language in Virginia’s enabling legislation.  Section 31A was previously substantially updated in 1983, and thus the ordinance was out of sync with current County policies and practices dealing with historic preservation review, and with certain elements of Virginia enabling legislation. Staff Report. Supplemental Report.

Nonconforming Apartments in “RA” Districts – Adopted October 24, 2009.  (ZOA-09-08).  Amendments to Sections 12, 13, 14 and 15 (Apartment Dwelling Districts) to permit the County Board, when a building is nonconforming, to modify regulations by use permit approval, subject to provision of affordable housing.  Density may not be increased beyond that already lawfully existing on the site and height may not be modified. Staff Report.

Child Care Centers  – Adopted July 14, 2009.  (ZOA 09-07).  Amendment to Section 3. “S-3A” Special Districts to allow child care centers and other uses licensed under Chapter 52 of the County Code, subject to Use Permit approval. Staff Report.

Use Permits for Businesses providing classes to children – Adopted July 11, 2009.  (ZOA 09-06).  Amendments to Sections 20, 26, 26A and 27A to require, in commercial zoning districts, that businesses providing classes to children be subject to use permits if 20% of the total enrollment is children under the age of 18, or if there are ten or more children enrolled in classes at any one time. Staff Report.

Zoning Fees, FY 2010 – Adopted April 28, 2009 (effective July 1, 2009). (ZOA 09-03).  Amendments to Sections 1. Definitions,  34. Nameplates, Signs and Other Displays, or Devices to Direct, Identify and Inform and 36. Administration and Procedures.  This amendment removed the zoning fee schedule from the Zoning Ordinance and replaced it with a reference in subsection 36.M. to indicate that fees will be charged according to a schedule adopted by the County Board.  Future Zoning fee changes will continue to require adoption by ordinance, and it is expected that changes to such schedule will continue to be heard annually as part of the budget cycle. Staff Report.

FBC Signage – Adopted April 25, 2009. (ZOA 09-05).  Amendments to Section 20 and Section 20 (Appendix A) “CP-FBC,” Columbia Pike – Form Based Code Districts, Section IV.F. Signage, to 1) establish maximums of 3 wall or window signs per tenant, 1 building plaque per building, 1 blade sign per tenant, 1 graphics sign and 1 additional wall or window sign and 1 additional blade sign for corner tenants; 2) to modify the size, dimension, placement and lettering size regulations for signs in the Form Based Code; 3) to clarify the relationship between the Form Based Code and Section 34, and 4) to allow the County Board to modify signage requirements in the Form Based Code by Special Exception. Staff Report

Clarendon Sector Plan Implementation – Adopted April 25, 2009. (ZOA 09-04).  Amendments to Sections 1, 19, 26, 26A, 27, 31 and 36 to create a new zoning tool for the edge areas of Clarendon: a Special Exception, Unified Commercial/Mixed-Use Development (UC/MUD) option applicable to areas zoned “C-1”, “C-2”, “C-3” or “C-TH” that are planned for “Service Commercial” uses on the General Land Use Plan and within the “Clarendon Revitalization District”, in order to ensure consistency with the goals and policies set forth in the 2006 Clarendon Sector Plan.

Civil Penalties – Adopted February 21, 2009.  (ZOA 09-02).  Amendment to Section 37. Violations and Penalties, and Section 31A, to expand use of Civil Penalties in the Zoning Ordinance.  This amendment decriminalizes the entire Zoning Ordinance, except for those violations that are required by State code to be criminal penalties.  All fines and appeal times were updated based upon maximums allowed by Virginia  Code.  Staff Report.

Acquisition of Property and Nonconforming Use – Adopted January 27, 2009.  (ZOA 09-01).  Amendment to Section 2. General Provisions and Section 35. Nonconforming Buildings and Uses to allow for the creation of nonconforming conditions due to acquisition of property by the county for a public purpose subject to conditions as the County Board may approve, so long as the County Board finds that the acquisition is in the public interest and that the nonconforming conditions created will not be detrimental to adjacent properties or change the character of the zoning district.  Nonconforming conditions created under this provision are subject to the nonconforming building and use regulations in the Section 35 of the Zoning Ordinance.  Staff Report.