The following Zoning Ordinance amendments have been adopted since the publication of the Zoning Ordinance Reprint dated June, 2017.
Click on an amendment below to expand for more information.
The amendment established four special permit application fees, restored permissions for three uses, and included several clarifications and editorial revisions.
The amendment increases the minimum acreage required to be in agricultural production from 5 acres to 7 acres when establishing an agricultural operation; establishes an agritourism definition with a tiered system based on associated acreage ranges and total number of attendees per day, and standards; creates a by-right option for bed and breakfasts when in conjunction with an agricultural operation and located on 20 acres or more; permits food trucks in association with agritourism, limited brewery, limited distillery, and farm winery; renames “quarters for a tenant farmer and his family” to farm worker housing with additional standards; and modifies and relocates the provisions for wayside stands.
Effective: 4-14-2021 and 7-1-2021
The amendment establishes the Wellington at River Farm Historic Overlay District (WHOD), concurrent with a Comprehensive Plan Amendment PA 2020 IV-MV1, addressing the proposed establishment of the WHOD; and rezoning application RZ 2021-MV-001, adding the WHOD to the property and defining the boundaries of the WHOD on the Zoning Map.
As part of the zMOD project the WHOD regulations were adopted in two versions: in the current Zoning Ordinance (ZO) format and in the zMOD format. The regulations provided in the current ZO format are the governing zoning ordinance text until zMOD becomes effective on July 1, 2021. Once zMOD becomes effective, the language provided in the current ZO format would automatically be replaced with the proposed language in the zMOD format.
The amendment removed the Tree Commission and Geotechnical Review Board Provisions from Article 19 and incorporates them into Chapters 122 and 107 of the Fairfax County Code, respectively.
The amendment adds a correlated color temperature standard, updates the applicability provisions, modifies the definition of lumen, and revises the standards for exemptions for single family dwellings and motion-activated lighting, and for sports illumination plans.
For more information, visit the Outdoor Lighting Standards webpage.
The amendment clarifies how lot width is measured on lots that have curved frontage, on through lots, and on reverse frontage lots
The amendment reduces the minimum parking rate for a regional shopping center/mall from 4.0 spaces per 1000 square feet of gross floor area to 2.5 spaces per 1000 square feet of gross floor area and reduces the threshold of gross floor area applicable to this parking rate from 1,000,000 square feet to 800,000 square feet.
The amendment addresses several unrelated provisions of the Zoning Ordinance, including one item currently on the 2018 Zoning Ordinance Amendment Work Program related to garage and yard sales as an accessory use, as well as several new items that were identified after the adoption of the 2018 Work Program. These new items include changing references related to the Department of Planning and Zoning name change throughout the Zoning Ordinance, clarifying that solar collection systems are a permitted accessory use, revising the provisions related to the ability of the Board of Zoning Appeals (BZA) to reconsider its decisions, and adding clarifying language related to searches, inspections, and permit revocations.
Includes changes that add a new community garden use to the Zoning Ordinance as a temporary special permit use with appropriate use standards, define a farmers market and modify the existing use standards, clarify and expand the location regulations for gardening and composting as an accessory use, expand the definition and associated provisions for open space to include community gardens, and make other editorial and clarifying changes.
For more information, view the Community Gardening in Fairfax County Flyer.
The amendment implements the wireless telecommunication infrastructure legislation adopted by the 2018 Virginia General Assembly and the Declaratory Ruling and Order adopted by the Federal Communications Commission on September 26, 2018.
Repeals and replaces Article 12, Signs, to include: (1) a rewrite of all provisions in a content-neutral manner, to include new provisions for the regulation of minor (temporary) signs and the prohibition of off-site signs; (2) reorganization of all provisions in a more user-friendly format to include graphics and a new section of defined terms; (3) establishment of new regulations for electronic display signs; and (4) establishment of more uniform regulation of signs in all zoning districts. In addition, related sign provisions found throughout the Zoning Ordinance have been amended accordingly.
For more information, visit the Fairfax County Sign Ordinance webpage.
Requires the delineation of the buildable areas for each lot on site plans as required by 9VAC25-190(a)(5) of the Regulations.
Allows Police Departments to enforce the Noise Ordinance through the use of civil penalties, and allows staff to revoke noise waivers as a result of non-compliance with noise waiver conditions.
Includes hedgehogs, chinchillas, and hermit crabs under the definition of “Commonly Accepted Pets.” Also changed the age of domestic fowl counted towards the bird unit count from 6 months to 2 months.
Corrects a number of inconsistencies and errors that resulted from the adoption of previous Zoning Ordinance amendments, makes other minor revisions that clarify existing provisions and clarifies the intent of the provisions. (Topics include permitted extensions, dogs, roosters, accessory outdoor storage and display, temporary mobile and land based telecommunications testing facilities, home child care facility/child care centers for occasional care/child care center and nursery school, temporary special permit cash escrow, parking for private and fraternal clubs, enforcement of Zoning Ordinance, Planning Commission membership criteria, criminal violations and penalties, and definition of gross floor area.)
Adds a new use for small-scale production establishments to be permitted in certain commercial, planned and industrial districts, subject to use limitations.
For more information, visit the Made in Fairfax Initiative webpage.
Adds new uses for continuing care facilities and adult day care centers and creates the new Planned Continuing Care Facilities District, or PCC. The amendment also makes changes to the independent living facility, medical care facility, assisted living facility and other uses related to accommodations and care of older adults and persons with a disability.
Establishes provisions to allow short-term lodging as accessory to the primary occupancy of a dwelling unit, subject to issuance of a Short-Term Lodging Permit and limits on the number of nights, number of renters, parking availability and other limits and requirements; modified the definitions of Dwelling, Dwelling, Mobile Home and added the definitions for Transient Occupancy and Short-Term Lodging; modified the application fee for a Bed and Breakfast to $8180.
For more information, visit the Short-Term Lodging webpage.
Amend the existing provisions of the Zoning Ordinance to increase the permitted percentage of coverage within the required minimum rear yard for Planned District lots containing single family detached dwellings. Creates a Special Permit application for residential lots containing single family detached dwellings to increase rear yard coverage up to 60 percent. Clarifies how coverage is calculated and includes the addition of four illustrations. Removes the 100-square-foot limitation on child’s playhouses.
Clarifies the uses that are exempt from the site plan requirements; increases the amount of gross floor area and land disturbing activity for certain uses that are exempt from the site plan requirements; and clarifies that the land disturbance area is the same as defined in the Erosion and Sedimentation Control Ordinance [Chapter 104 of the County Code].
Eliminates the need for some parking reductions, provides for administrative approval of some parking reductions previously requiring Board of Supervisors’ (Board) approval, and provides for Board approval of parking reductions ineligible for consideration under the previous parking reduction provisions.
Amends the existing provisions of the Zoning Ordinance to classify restaurant establishments as either a restaurant, restaurant with drive-through, or a carryout restaurant. Deletes the definitions for eating establishment and fast food restaurant, and the use limitations for fast food restaurants. Revises the parking requirements based on square footage of gross floor area.
Amends the existing provisions of the Zoning Ordinance to allow additional "Minor Modifications" to rezoning's, special exceptions and special permits to be approved by the Zoning Administrator, and to allow Minor Variations to proffered conditions to be approved by the Board of Supervisors without a public hearing. Reorganizes the existing text for the Initiation of Amendments, Submission Requirements and Generalized Development Plan Regulations, revises the definition of Gross Floor Area and establishes a fee for Minor Variations.
Encourages, but does not require, the concurrent filing of a Final Development Plan with the Conceptual Development Plan for a rezoning to the PRM District.
The amendment recognizes the reorganization of the Department of Public Works and Environmental Services to create a new Land Development Services department.
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.
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.
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.
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12000 Government Center Pkwy
Fairfax, VA 22035