News Highlights

• Proposed rules would create new, more generic zoning definitions for restaurants, along with possibly simplifying or lifting some use limitations.
• Restaurants are a growing sector of the county’s retail economy, and the proposal will help them more easily locate and do business.

Fast casual restaurants like Panera, Elevation Burger or Pei Wei didn’t exist when Fairfax County first developed its zoning rules for restaurants 36 years ago.

The county hasn’t changed its zoning definitions for restaurants since they were first created in 1981, and these definitions haven’t kept pace with how the industry has changed since then, making it challenging for owners of restaurants to understand where they can locate and do business.

This is why Fairfax County zoning officials are considering changes to the existing regulations governing restaurants. On Tuesday, the Board of Supervisors directed staff to move forward with the development of proposed zoning changes and to engage the county residents in the process.

The changes are important in part, officials say, because restaurants are a growing segment of the county’s retail economy. Fast casual restaurants have had sales growth that’s topped 12 and 13 percent in the last two years, according to Technomic, a research firm that tracks the restaurant industry.

Currently, the county defines restaurants based on how they operate, using these characteristics to distinguish between traditional sit-down and fast food restaurants. The classifications consider whether employees bring food is to a customer’s table, individual menus are given out, or whether disposable plates and silverware are used. Fast casual restaurants have blurred these distinctions.

As a result, the county is considering simpler, more generic definitions: one for restaurants, one for restaurants with drive-through service and one for carryout restaurants. Lifting or simplifying some of the use limitations is also under consideration. For example, existing rules restrict the size or number of restaurants allowed in a shopping center based on their square footage or floor area. These limitations may no longer be relevant, as they present an unnecessary obstacle to filling vacant retail space in shopping centers at a time when many other retailers are closing their brick-and-mortar stores.

County officials will seek public input on these suggested changes beginning in August. The proposal must undergo review by the Planning Commission, which is anticipated to hold a public hearing late this fall, with a board hearing on any changes anticipated in the beginning of 2018.

The county is undertaking the zoning revisions for restaurants as part of its project to modernize its zoning ordinance, known as zMod.

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