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.

ZO-16-453 - Approval Process for Monopoles and Towers
Requires special exception approval by the Board of Supervisors prior to the installation of any monopole or telecommunication tower in lieu of the previous provisions which allowed monopoles and towers to be permitted by right at certain locations and when all applicable zoning regulations are met. Adopted June 21, 2016; Effective June 22, 2016.

ZO-16-454 - Planned Development Commercial and Planned Residential Mixed Use Districts and Other Associated Changes
Establishes a 3.0 maximum FAR in the McLean CRD and CBC and a 5.0 maximum in all other CRDs, CBCs and TSAs in the PDC and PRM Districts; clarifies parking reduction provisions and adds provisions for a temporary parking reduction/relocation for redeveloped properties, requires the inclusion of cellar space in PDC and PRM Districts; adds commercial recreation restaurants, indoor kennels, indoor veterinary hospitals, and indoor vehicle sales and service to the PDC or PRM Districts; allows fast food restaurants in residential buildings in the PDC District; allows the Board of Supervisors to modify sight distance, transitional screening/barriers along the Dulles Airport Access roadways; and other editorial and clarifying changes. Adopted June 21, 2016; Effective June 22, 2016.

ZO-16-455 - Shape Factor in the R-C District; Increase in Residential Building Height; and Minor Lot Line Adjustments
Adds a shape factor requirement in the R-C District. When a lot is subject to a lot width waiver special exception approved by the Board, excludes the pipestem portion of such lot from the shape factor requirement. Facilitates a more logical minor adjustment of lot lines between corner lots and contiguous lots when such lots do not meet the current minimum district size, lot area, lot width and/or shape factor requirements of the zoning district in which located, but such lots met the requirements of the Zoning Ordinance in effect at the time of recordation. Allows the maximum building height for single family detached dwellings to be increased in the R-C and R-E Districts from 35 to 40 feet, provided a minimum required yard of 50 feet is maintained from all lot lines for any dwelling with a height greater than 35 feet. Adopted September 20, 2016; Effective September 21, 2016.

ZO-16-456 - Reference Citations for Nursery Schools, Child Care Centers & Veterinary Hospitals; Special Permit Submission Requirements; Variance Standards; and Definitions of Public Use and School of General Education
Adds reference citations to the use limitations applicable to nursery schools, child care centers and veterinary hospitals which are permitted uses in certain commercial districts; modifies the special permit submission requirements for all special permit applications to reduce the number of original copies required to be submitted and to require the ownership statement to be notarized; modifies the additional standards for a home child care facility, home professional office and accessory dwelling unit to require the submission of a certified plat prepared by a licensed professional, a dimensioned floor plan, as well as other editorial changes; modifies the variance standards to conform to the standards and requirements set forth in the Code of Virginia; and amends the definitions of public use and school of general education to clarify that uses sponsored or operated by any other county, city or town other than Fairfax County shall be not be deemed a public use and that a private school of general education shall include a public school operated by another county, city or town. Adopted October 18, 2016; Effective October 19, 2016.

ZO-16-457 - Farm Wineries, Limited Breweries, and Limited Distilleries
Amends the definition of agriculture and establishes new definitions for a farm winery, limited brewery, and limited distillery; prohibits any new farm winery/brewery/distillery in the Residential Conservation (R-C) District; requires special exception approval for an expansion of any existing farm winery/brewery/distillery located in the R-C District as of July 1, 2016; requires special exception approval for development of a farm winery/brewery/distillery in the R-C District for those properties that were subject to a pending Alcoholic Beverage Control Board license as of July 1, 2016; establishes appropriate fees and standards/limitations for the special exception use of farm winery/brewery/distillery. Adopted December 6, 2016; Effective December 7, 2016.

ZO-17-458 - Riding and Boarding Stables
Amends the definition of riding/boarding stables; establishes horseback riding lessons as a permitted home occupation use; amends the use limitations for home occupations uses and adds use limitations for horseback riding lessons; increases the maximum number of horses or ponies that can be boarded by right to up to five (5) horses on lots containing a minimum of two (2) acres and less than five (5) acres, and eight (8) on lots containing five (5) acres or more acres. Adopted February 14, 2017; Effective Febuary 15, 2017.

ZO-17-459 - Craft Beverage Production Establishments
Defines and establishes Craft Beverage Production Establishments as a distinct land use in select commercial, planned development, and industrial zoning districts, subject to proposed use limitations. The amendment also proposes to allow food and beverage manufacturing, production and processing establishments as a by right use in the I-4 District, where this use is currently only permitted by special exception. Adopted February 28, 2017; Effective March 1, 2017.

ZO-17-460 - Planned Development Housing (PDH) District and Group 5 Speical Permit, Commercial Recreation Uses
Modifies the list of uses allowed in the PDH Districts to include indoor archery ranges, fencing and other similar indoor recreational uses as Group 5 Commercial Recreation Uses that may be permitted by right as a secondary use, provided such uses are represented on an approved final development plan. Adopted February 28, 2017; Effective March 1, 2017.

ZO-17-461 - Planned Tysons Corner Urban (PTC) District Regulations Regarding the Maximum Floor Area for High Trip Generating Uses
Modifies the maximum development intensity limitations for uses located in a Transit-Oriented Development (TOD) within one quarter mile of a Metrorail Station entrance. The changes specifically relate to the maximum floor area ratio (FAR) for "other high trip generating uses" or "HTGUs" in the PTC District and amends a paragraph reference to these provisions. Adopted March 14, 2017; Effective March 15, 2017.

ZO-17-462 - Commercial Vehicles in Residential Districts
Revises the commercial vehicles definition to (1) include those vehicles which bear or display indicators that the vehicle is designed or used for commercial purposes, or which is licensed as a 'for hire' vehicle; and (2) clarify those vehicles that are specifically not commercial vehicles.  The amendment also clarifies those commercial vehicles that are prohibited from parking in residential districts. Adopted April 4, 2017; Effective April 5, 2017.

ZO-17-463 - Planned Development District Recreational Facilities
Increases the minimum expenditure per dwelling unit for recreational facilities required in the PDH, PDC, PRM and PTC Districts from $1,800 to $1,900.  Adopted June 20, 2017; Effective July 1, 2017.

ZO-17-464 - Public Facilities and Modifications to Existing Wireless Towers or Base Stations
Adds new sections addressing the review of public facilities under § 15.2-2232 of the Code of Virginia and modifications to existing wireless towers and base stations under Sect. 6409 of the Spectrum Act (47 U.S.C. § 1455).  The proposed amendment also establishes an application fee requirement to cover the costs associated with these types of reviews. Adopted June 20, 2017; Effective July 1, 2017.

ZO-17-465 - Small Cell Facilities
As allowed by Senate Bill 1282 which was adopted by the 2017 Virginia General Assembly, the amendment requires Zoning Administrator approval of a zoning permit for the installation of a small cell facility by a wireless services provider or wireless services infrastructure provider on an existing structure subject to certain limitations and an application filing fee.  Adopted June 20, 2017; Effective July 1, 2017.

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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