Zoning Ordinance Modernization (zMOD)

Fairfax County, Virginia

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703-324-1314
TTY 711

12055 Government Center Pkwy.
Fairfax, VA 22035

Leslie Johnson,
Zoning Administrator

zMOD - Adopted Amendment to Restaurant Provisions ZO-18-469

restaurantsEffective 1/24/2018

The amendment redefines restaurants by deleting the terms Eating Establishment and Fast Food Restaurant, revising the definition for Quick Service Food Store, and adding new definitions:

  • Restaurant – An establishment that prepares and sells food or beverages and which is not defined as a Carryout or Drive-through.
  • Carryout Restaurant – A restaurant that prepares and sells food or beverages, primarily for off-site consumption. There can be up to 8 seats, indoors or outdoors. An establishment with more than 8 seats (and without a drive-through) would be defined as a Restaurant.
  • Restaurant with Drive-through – Any restaurant which contains a drive-through. Just providing curb-side pickup is not considered a drive-through.
  • Quick-service Food Store –The definition has been revised to emphasize the retail sale of frequently needed items as with a convenience store. A small grocery store will be defined as a retail sales establishment. Depending on the specifics of the use, a specialty food store such as a bakery may be considered retail sales, or a restaurant or carryout.

How Is Parking Calculated?

Parking is based on the square footage of gross floor area, not the number of seats and employees. 

  • Establishments not in a shopping center:
    •   Restaurants less than 5000 SF in size – 10 spaces/1000 SF
    •   Restaurants 5000 SF or more – 11 spaces/1000 SF
    •   Drive-throughs – 12 spaces/1000 SF (and no change to the stacking requirements)
    •   Carryouts – 6.5 spaces/1000 SF
  • In a shopping center:
    •   Carryouts – shopping center rate (4.0 – 4.8 spaces/1000 SF)
    •   Restaurants and Drive-throughs less than or equal to 5000 SF in size – shopping center rate
    •   Restaurants that exceed 5000 SF in size – 11 spaces/1000 SF
    •   Drive-throughs that exceed 5000 SF in size – 12 spaces/1000 SF (plus stacking)
  • Outdoor seating - Outdoor seats can be excluded from parking calculations for restaurants or drive-throughs:
    •   Up to 20 seats for establishments with less than 5000 sq. ft. (indoor area)
    •   Up to 32 seats can be excluded for establishments with 5000 sq. ft. or more

What About Existing Restaurants?

Existing establishments do not need any new approvals unless they plan to redevelop or expand. The amendment provides for grandfathering of establishments with prior approvals when the new parking requirements would result in the need for additional parking.

Where Are They Permitted?

Principal Use: P = permitted by right, SE = special exception

District

Restaurant with Drive-Through

Restaurant

Carryout

Comments

C-1

(Low-Rise Office)

 

 

 

A restaurant or carryout is permitted as an accessory service use to office, industrial or institutional.

C-2

(Limited Office)

 

SE

SE

A restaurant or carryout is also permitted as an accessory service use to office, industrial or institutional.

C-3

(Office & High Intensity Office)

 

P

P

A restaurant or carryout is also permitted as an accessory service use to office, industrial or institutional.

C-5 – C-8

(Retail)

SE

P

P

Restaurants and carryouts are by right and the use limitations that previously applied to fast food have been deleted. All drive-through facilities require SE approval.

PDH

(Planned Development Housing)

SE

P

(secondary)

P

(secondary, Cat. 5)

Permitted when shown on the FDP. Drive-throughs require SE approval. A restaurant is also permitted as an accessory service use to multi-family (min. 250 units).

PDC

(Planned Development Commercial)

P

(secondary, Cat. 5)

P

P

(secondary, Cat. 5)

Permitted when shown on the FDP. The previous use limitations on fast food restaurants have been deleted. A restaurant is also permitted as an accessory service use to multi-family (min. 250 units).

PRC

(Planned Residential Community)

P

(Cat. 5)

P

P

(Cat. 5)

Permitted when shown on an approved development plan, and not permitted in areas designated Residential. A restaurant is also permitted as an accessory service use to multi-family (min. 250 units).

PRM

(Planned Residential Mixed-Use)

 

P

(secondary)

P

(secondary, Cat. 5)

Permitted when shown on the FDP.

PTC

(Planned Tysons Corner)

P

(Cat. 5)

P

P

(Cat. 5)

Permitted when shown on the FDP – No change to current provisions.

I-I

(Industrial Institutional)

 

P

(accessory)

 

No change to use limitations other than name of use.

I-1

(Light Industrial Research)

 

 

 

A restaurant or carryout is permitted as an accessory service use to office, industrial or institutional.

I-2 – I-4

(Light – Medium Industrial)

 

SE

 

A restaurant or carryout is also permitted as an accessory service use to office, industrial or institutional.

I-5 – I-6

(General – Heavy Industrial)

SE

SE

SE

A restaurant or carryout is also permitted as an accessory service use to office, industrial or institutional.

 

Related Resources

Staff Report

Memorandum to Planning Commission

Presentation to Board of Supervisors

Adopted Amendment Text

Fairfax Virtual Assistant