Recently Adopted Zoning Ordinance Amendments

The following Zoning Ordinance amendments have been adopted since the publication of the Zoning Ordinance Reprint dated March, 2012, which is available here.

Recently adopted amendments are available in portable document format (PDF). In order to view these documents, you will need to have the free Adobe Reader installed on your computer.

ZO-12-434 - Height Limits for Certain Independent Living Facilities
Sets forth that the maximum building height of 35 feet for independent living facilities that are designed to look like single family detached dwellings that utilize the minimum required yards (setbacks) specified for single family detached dwellings in the R-E through R-8 Districts and to clarify the applicability of existing setback requirements for other independent living facilities in other structures or districts. Adopted September 11, 2012; Effective September 12, 2012.

ZO-12-435 - Truck Rental Establishments in the PRC District
Allows truck rental establishments (U-Haul type trucks) in the Village Center areas of the PRC District as an ancillary or secondary use to a principal use, when shown on an approved development plan or by special exception approval. Adopted September 11, 2012; Effective September 12, 2012.

ZO-12-436 - Home Child Care Facilities Substitute Care Providers
Allows substitute child care providers to operate a home child facility in the absence of the provider for up to 240 hours per calendar year in accordance with Chapter 30 of the Fairfax County Code and/or Title 63.2 Chapter 17 of the Code of Virginia. Adopted November 20, 2012; Effective November 21, 2012.

ZO-13-437 - Zoning Application Fee Schedule
Reduces the filing fee for riding and boarding stables, limitations on the keeping of animals, fence/wall height increases, change in special permit permittee and PRC plan concurrent with an SE or SP, and clarifies when a fee is required for a change to a pending application. Adopted April 23, 2013; Effective April 24, 2013.

ZO-13-438 - Vertical Datum Requirements
Revises the site plan survey boundary requirements to allow the use of GPS static data and to reference all elevations to the National Geodetic Vertical Datum of 1929. Adopted April 30, 2013; Effective May 1, 2013.

ZO-13-439 - Civil Penalties
Expands the use of civil penalties as an enforcement tool for zoning violations and grants the Zoning Administrator the authority to seek issuance of an inspection warrant related to enforcement of the Zoning Ordinance. Adopted May 14, 2013; Effective May 15, 2013.

ZO-13-440 - Home Child Care Facilities
Increases the maximum number of children allowed to be cared for in a home child care facility (HCCF) with special permit approval from 10 to 12; revises the special permit additional standards for HCCFs to also require conformance with the HCCF use limitations for by-right accessory uses (except for the numbers of children and non-resident employees); allows the Board of Zoning Appeals as part of its review of a HCCF special permit application to consider the availability of on-street parking and /or alternative drop off and pick up areas; and reduces the HCCF special permit application fee from $1,100 to $435. Adopted June 18, 2013; Effective June 19, 2013.

ZO-13-441 - Minor Revisions
Allows a modification due to error in building location of the locational requirements for freestanding accessory structures to be approved administratively by the Zoning Administrator or by special permit by the Board of Zoning Appeals (BZA); allows the BZA to approve a reduction in the minimum yard requirements due to errors in building locations that are no greater than 10% of the measurement involved in conjunction with the approval of a special permit for another use or approval of a variance on the property, or in conjunction with another error in building location on the property that exceeds 10%; and requires that at least one member of the Architectural Review Board is an archaeologist. Adopted September 24, 2013; Effective September 25, 2013.

ZO-13-442 - Temporary Health Care Structures
Incorporates the state mandated provisions of Sect. 15.2-2292.1 of the Code of Virginia pertaining to temporary family health care structures into the Zoning Ordinance by defining a temporary family health care structure and allowing such structures as a permitted accessory use on property zoned for and developed with a single family detached dwelling, subject to Zoning Administrator approval and in accordance with occupancy, structural, locational, signage, and other verification, inspection, and durational limitations. Adopted September 24, 2013; Effective September 25, 2013.

ZO-14-443 - Stormwater Management
Implements the state mandated Virginia Stormwater Management Act (Va. Code Ann. § 62.1-44.15:24, et seq.) and Virginia Stormwater Management Program (VSMP) Permit Regulations (4 VAC 50-60 et seq.). The following chapter of the County Code were amended: Added Chapter 124 (Stormwater Management Ordinance), Repealed Chapters 105 (Pollution of State Waters) and 106 (Stormwater Drainage), and Amended Chapters 101 (Subdivision Ordinance), 104 (Erosion and Sedimentation Control), 112 (Zoning Ordinance), 118 (Chesapeake Bay Preservation Ordinance), and Appendix Q (Land Development Service Fees). Adopted January 28, 2014; Effective July 1, 2014

ZO-14-444 - Home Child Care Facilities and Child Care Facilities for Occasional Care
Revises the use limitations in the PDH, PDC, PRM, and PTC Districts so that home child care facilities requiring special exception approval are subject to the same additional standards and plan submission requirements that are applicable to home child care facilities requiring special permit approval. Reduces the current special exception application fee of $1,100 for home child care facilities to $435. Allows child care facilities for occasional care provisions in regional and super-regional shopping centers as a permitted accessory use, provided that such use is located within the main structure of a regional or super-regional shopping center. Adopted February 11, 2014; Effective February 12, 2014.

ZO-14-445 - Food Trucks
Establishes a new food truck use that is permitted as an accessory use on private property in any commercial or industrial district, in the commercial portions of a P district, or on any construction site with an active building permit and on-going construction activity, subject to applicable regulations, which include obtaining the necessary food truck permit fromt he Zoning Administrator. Adopted October 7, 2014; Effective October 8, 2014.

ZO-14-446 - Telecommunication Facilities
Increases the maximum allowed volume and height of an unmanned equipment cabinet that is permitted to be located by-right on an existing or replacement utility distribution and transmission pole or light/camera standard in any street right-of-way or utility easement, in support of a telecommunication facility. In addition, clarifies the limitation placed on the number of permitted antennas for such facilities by eliminating the maximum allotment when the proposed antennas are entirely enclosed within a stealth extension of the existing or replacement pole or standard. Adopted October 28, 2014; Effective October 29, 2014.

ZO-14-447 - Planned Development District Recreational Fee
Increase the minimum expenditure per dwelling unit for recreational facilities required in the PDH Planned Development Housing District (Par. 2 of Sect. 6-110), PDC Planned Development Commercial District (Par. 2 of Sect. 6-209), PRM Planned Residential Mixed Use District (Par. 2 of Sect. 6-409), and PTC Planned Tysons Corner Urban District (Par. 2 of Sect. 6-508) from $1700 to $1800. Adopted 10/28/14; Effective 10/29/14.

ZO-15-448 - As-Built Requirements
Revises the as-built requirements for site plans and relocates the detailed provisions from Article 17 of the Zoning Ordinance into a new section in the PFM. (See also Subdivision Ordinance Amendment 05-15-101 and Public Facilities Manual Amendment 119-15-PFM which were adopted simultaneously.) Adopted 3/3/15; Effective 3/4/15.

ZO-15-449 - Architectural Review Board (ARB) Project Approval Process and Voting Membership
Makes the ex-officio History Commission member a voting member, clarifies other ARB membership requirements, and increases the number of building permit applications in Historic Overlay Districts that require only administrative approval, rather than review and approval by the ARB. Adopted June 23, 2015; Effective June 24, 2015.

ZO-15-450 - Minor/Editorial Revisions
Makes changes to allow larger directional/panel antennas mounted on existing or replacement utility/transmission/ light/camera poles; increase diameter for new or replacement light/camera poles; permits BZA to allow nonresident home child care employee to work beyond 7AM to 6PM by special permit; allows temporary farmers' markets on any arterial street and clarifies permitted display features; revises reference to Noise Ordinance; deletes metric units of measure and replaces with English units; specifies that counselors can be resident or non-resident in a group residential facility. Adopted October 6, 2015; Effective October 7, 2015, except for Noise Ordinance to be effective when those changes are adopted into the County Code.

ZO-15-451 - Donation Drop-Off Boxes
Adds regulations to designate donation drop-off boxes as a specific accessory use and establishes standards for placement and maintenance of such containers, including limitations on locations; number of containers per lot; dimensions of containers and restrictions on locations on-site and requirements for operator identification and contact information. Adopted November 17, 2015; Effective November 18, 2015.

ZO-15-452 - Alternative Lending Institutions
Defines and establishes alternative lending institutions, to include motor vehicle title lenders and payday lenders, as a distinct land use in select commercial zoning districts with use limitations. Adopted November 17, 2015; Effective November 18, 2015.

For More Information

For additional information regarding recently adopted Zoning Ordinance amendments, please contact the Zoning Administration Division at 703-324-1314, TTY 711.

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