This offers highlights of proposed zoning changes that Fairfax County is considering. This presentation was delivered at a July 26, 2017, open house. For more information, visit /www.fairfaxcounty.gov/dpz/zoningordinance/workprogram/

1. Zoning Ordinance Amendments
HOT TOPICS
Zoning Administration Division Open House
July 26, 2017

2. • The Work Program is adopted each year by the Board of
Supervisors and outlines the requested changes to the Zoning
Ordinance.
• This year, the Work Program includes a parallel effort – zMOD.
• Amendment process includes staff research and analysis, and
public outreach to stakeholders.
• Amendments are adopted after being authorized by the Board
of Supervisors, and public hearings are held before the Planning
Commission and Board.
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Zoning Ordinance Amendments
Work Program & zMOD

3. What is zMOD?
• Re‐formatting/restructuring the Zoning Ordinance
• Processing of Zoning Ordinance Amendments of county‐
wide priority
• Implementing process improvements related the
processing of Zoning Ordinance Amendments and other
zoning‐related activities
• Integrating with, but not replacing, Zoning Ordinance
Amendment Work Program
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zMOD

4. Format and Structure of the Zoning Ordinance
• The Zoning Ordinance will be 40 years old next year
• The current structure creates redundancies, is not easily
adapted to electronic formats, and is not easily used or
understood by those who do not use it on a regular basis.
• The reformatting is intended to:
Create a streamlined, user‐friendly document
Use more charts, tables, hyperlinks, etc.
Be usable on multiple platforms
• Use of consultant services. Selection process underway 4
zMOD

5. Initial zMOD Zoning Ordinance Amendment
Priorities
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Begin the modernization of the Ordinance by addressing the following
amendments:
• Minor modification provisions
• Signs – amend Ordinance to respond to Supreme Court decision on
content‐neutrality
• Uses – combine uses into more generic categories to accommodate
emerging trends and reduce the need for use determinations. Process
the restaurants amendment as the first priority
• PDH Districts – look at the Districts in their entirety; focus on issues that
have become problematic
zMOD

6. Outreach/Communication
Provide for outreach in an efficient and effective manner while moving
forward on amendments in a timely manner. Opportunities include:
1. A work group of citizens from each Magisterial District – (Established)
2. Monthly meeting of Board Land Use Aides (Established)
3. Regular Briefings and updates to the Planning Commission Land Use
Committee (Ongoing)
4. Quarterly Update/Open House sessions at the Government Center – July
26, 2017
5. Setting up community–wide meetings on as needed basis
6. Increasing web‐based opportunities for updates and input
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zMOD and Work Program

7. What are Minor Modifications?
• Limited changes that can be made to approved zonings by
the Zoning Administrator upon a determination of
substantial conformance
• Designed to address final engineering and design issues, or
other changes that occur over time
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Minor Modifications

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Minor Modifications
Adds more administrative flexibility in four areas:
1. Exempts solar collectors and other innovative energy technology
structures less than 10 feet in height from building height and roof
top coverage limitations
2. Excludes from the definition of gross floor area and the calculation
of FAR any incidental increase in interior space created by the
replacement of a façade material on an existing building
3. Permits staff to change color of signs and typeface
4. Increases the allowable size for minor building additions and
simplifies the provisions

9. Minor Variations to approved Rezonings
(not Special Exceptions and Special Permits)
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Minor Modifications
Adds flexibility and streamlines the amendment process by creating a
new avenue for the Board to act on five types of requests, with public
notice, as an Action Item at a Board meeting, to permit:
1. The addition or modification of a use
2. A minor increase in building height
3. Modification to proffered yard dimensions and setbacks
4. Modification or deletion of community/HOA active recreation
5. Modification of proffer commitments to technologies or services
that are underutilized or have become ineffective

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Signs
Why is this amendment being proposed?
• The United States Supreme Court decided Reed v. Town of
Gilbert (Arizona) June 18, 2015.
• The Court decided that the Gilbert sign regulations were
“content‐based” and violated the First Amendment.
• The ruling was that the regulations applied to particular speech
because of the topics discussed on the sign itself.
• Any local ordinance containing content‐based restrictions will
probably fail required legal tests, and will likely be invalidated.

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Signs
Impact on Local Sign Regulations
The County’s sign ordinance needs to be amended to respond to the Gilbert decision. For
example, current text for office park signs:
“One (1) freestanding building identification sign may be permitted for each detached building
which houses a principal use within an office park. Such sign(s) shall be limited to identifying
the name of the building and/or the individual enterprises located therein, the address,
trademark or identifying symbol or any combination thereof. No such sign shall exceed
twenty (20) square feet in area or eight (8) feet in height or be located closer than ten (10) feet
to any lot line.”
Rewritten in content‐neutral language:
“One (1) freestanding sign, up to twenty (20) square feet in area and eight (8) feet in height,
may be permitted for each detached building which houses a principal use within an office
park. Such sign cannot be located closer than ten (10) feet to any lot line.”

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Signs
Proposed Amendment – What It Is
• Focused on creating a content‐neutral
sign ordinance keeping as much of the
existing provisions intact.
• Format – more user friendly
• Substantive changes to:
 Prohibited and exempt sign types,
including temporary signage
 digital sign provisions
 wall sign amounts to align
commercial and industrial uses
Proposed Amendment – What It Is Not
• Does not address most policy issues
regarding signs, such as types and sizes
permitted in a particular district. This
will be considered in a second
amendment to be drafted at a later date
with more input from stakeholder
groups.
• Only addresses signs on private property
and not within a public right‐of‐way,
which is consistent with the current
provisions found in Article 12.

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Use Categories – Restaurants
Why is this amendment being proposed?
• Restaurant types have evolved and many, such as the popular
fast‐casual establishments, blur the previous distinctions.
Future changes in operational practices are likely to continue
this trend.
• The definitions need to be revised to eliminate outdated
operational characteristics, and create more generic
definitions to accommodate current and future trends
• The use limitations should be clarified and simplified to
remove unnecessary impediments and improve permitting

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The current definitions are
based on detailed operational
characteristics:
• Eating Establishment
(individual menus, served at table by
employee, non‐disposable plates,
etc.)
• Fast Food Restaurant
(counter service, tables cleared by
customers, min. 45% of GFA for
kitchen, etc.)
• Quick‐service Food Store
The proposed definitions
would classify restaurants
as:
• Restaurant
• Restaurant with Drive‐
through, or
• Carryout Restaurant
Use Categories – Restaurants

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 The zoning districts would be updated with the new definitions.
Restaurants are permitted by right or by Special Exception in office,
retail, planned and industrial districts.
 The parking requirements would also be updated with the new
definitions. Staff is reviewing whether the parking ratios can be
revised to be based on GFA, instead of seats and employees.
Use Categories – Restaurants

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Min. Required Rear Yard Coverage
• Applicable only to single-family detached residential lots;
• Currently limited to 30% maximum coverage;
• Increasingly common to have more hardscaping and other
outdoor amenities in rear yards, including patios, pool decking,
and hardscape features;
• Amendment proposed to provide residents increased flexibility
and a means of requesting additional coverage;
• Problematic for Planned Development (“P District”)
lots with very small rear yards as well as corner lots.

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Min. Required Rear Yard Coverage
Where is the Minimum Required Rear Yard?
Interior Lot Corner Lot
The area of the rear yard
extending across the full width
of the lot that is located
between the rear lot line and
the minimum required setback
line. The coverage limitation
does NOT apply to the
remainder of the rear yard.

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Min. Required Rear Yard Coverage
Amendment as Proposed:
Distinguish between lots in conventional (“R”) Zoning
Districts vs. Planned Development (“P”) Districts;
Increase the maximum percentage of coverage allowed from
30% to 40% (or as high as 50%) for R districts, and from
30% to 50% (or as high as 60%) for P districts; while
exempting P District Lots below 5,000 square feet;
Create a Special Permit to request additional coverage to
as high as 60% for R Districts or 75% for P Districts;
Clarify what is counted as coverage and how, using graphics.

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Min. Required Rear Yard Coverage

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Agricultural Districts and Uses
•Staff is reviewing the zoning districts that
allow agricultural uses to determine if updates
are needed to address and accommodate
agricultural activities today and anticipated in
the future.
•These topics include…

21. Community Gardens/Urban Agriculture
• Community gardens as a
principal use
• New trends (container and
vertical gardening, etc.)
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Agricultural Districts and Uses

22. Sales/distribution of Garden/Farm
Products
• wayside stands, farm and farmers’ markets, open air produce
stands
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Agricultural Districts and Uses

23. Agritourism Uses
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Agricultural Districts and Uses

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Continuing Care Communities
• This change would create a zoning district that better
accommodates developments that offer a wide spectrum of
care/accommodations, such as blending independent living,
assisted living, and other medical care uses in the same building
or development.

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Continuing Care Communities
• The amendment will also add Adult Day Health Care to the
Zoning Ordinance in accordance with long‐standing use
determination that adult care is permitted wherever child
care is permitted.
• Timing: Staff is meeting with continuing care community
developers to understand the nature of these integrated
communities and hopes to prepare a strawman for public
consideration in the last quarter of 2017.

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Short‐Term Rental (STR)
What is a Short-Term Rental?
• Transient occupancy of a dwelling unit for a period of less than 30
consecutive days
• Often advertised & processed through online platforms such as
Airbnb, FlipKey, HomeAway, VRBO, Roomarama & other providers

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Short‐Term Rental (STR)
Why is this amendment being proposed?
• 2015‐2016: Initial review by the General Assembly
• Potential to limit or prohibit local regulation
• 2017: General Assembly passed SB 1578
• Preserves ability to establish local regulation
• Allows for creation of a registry for STRs
• Window of opportunity to adopt local regulation
• Board Matter (3‐14‐17) directed staff to form work group &
recommend approaches & possible changes to ZO

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Current Zoning Ordinance Provisions
The Zoning Ordinance does not currently allow
transient occupancy except for a Bed & Breakfast
Establishment in a limited number of zoning districts
or as a Hotel/Motel primarily in non‐residential
districts.
Short‐Term Rental (STR)

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Short‐Term Rental (STR)
• Survey
• To solicit community input on specific features of STR
• Survey active from June 19 through August 31, 2017
• Community Meetings
• September 5, 2017, 7:00 PM: Hunter Mill District Community Room
• September 13, 2017, 7:00 PM: South County Government Center
• September 25, 2017, 7:00 PM: McLean Governmental Center
• Website: fairfaxcounty.gov/dpz/short‐term‐rentals.htm
• Link to Survey, meeting calendar, FAQs, and other information
regarding the STR review process

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Questions?