Zoning Ordinance Amendments Update Oct. 2018 - Oct. 2019 Ordinance - - PowerPoint PPT Presentation

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Policy & Procedure Update

Zoning Ordinance Amendments Update

• Oct. 2018 - Oct. 2019

Ordinance Administration Branch, Zoning Administration Division, DPD

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Policy & Procedure Update

Zoning Ordinance Amendments Adopted in the Past Year

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Policy & Procedure Update

ZO-18-474: Continuing Care Facilities, Adult Day Care Centers & Related Provisions

Adopted December 4, 2018 Effective December 5, 2018

–Establishes continuing care facilities and adult day health care centers as newly defined land uses in certain zoning districts, with applicable standards. –Creates a new Planned Development Continuing Care Facilities District (PCC), with applicable regulations. –Clarifying changes to similar uses already in the Zoning Ordinance to avoid conflict and simplify provisions.

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Policy & Procedure Update

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Policy & Procedure Update

ZO-18-475: Small-Scale Production Establishments

Adopted December 4, 2018 Effective December 5, 2018

–Establishes small-scale production establishments (SSP’s) as a newly defined land use in certain zoning districts, with applicable standards and parking rates. –Amendment distinguishes SSP’s from larger scale heavy industrial production and processing facilities that are allowed in most Industrial Districts. –Maximum square footage allowed depends on zoning district.

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Policy & Procedure Update

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Policy & Procedure Update

ZO-19-479: Article 12, Signs, and Related Provisions

Adopted March 19, 2019 Effective March 20, 2019

Repealed and replaced Article 12, Signs, to include: –A rewrite of all provisions in a content-neutral manner in response to Reed vs. Town of Gilbert. –Reorganization of Ordinance in a more user-friendly format to include graphics and a new section of defined terms. –Established more uniform regulation of signs in all zoning districts. –Updated provisions for the regulation of minor (temporary) signs and the prohibition of off-site signs, and new regulations for electronic display signs.

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Policy & Procedure Update

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Policy & Procedure Update

ZO-19-480: Wireless Telecommunication Facilities

Adopted April 9, 2019 Effective April 10, 2019

–Amendment prompted by state legislation and Federal rule making authority to facilitate 5G technology. –Establishes that wireless facilities that are co-located on existing structures are allowed by-right. –Administrative Review Eligible Facility (AREP) Permits: All new utility distribution or transmission poles 50 feet or lower can be approved by the Zoning Administrator. –All new structures exceeding 50 feet in height are deemed Standard Process Projects and require special exception approval.

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Policy & Procedure Update

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Policy & Procedure Update

ZO-19-481: Community Gardens, Farmers Markets, & Gardening as an Accessory Use, with Related Changes

Adopted June 25, 2019 Effective June 26, 2019

–Establishes a community gardens as newly defined land use: allowed by-right as an accessory use but also as a principal use with approval of Temporary Special Permit (TSP) or Special Permit, with applicable standards. –Amends existing regulations for farmers markets by defining the use and allowing year-round operation with approval of 2- year TSP. Also eliminates the requirement of location on an arterial road. –Identifies gardening as an allowed accessory use in a front yard, with limitations.

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Policy & Procedure Update

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Policy & Procedure Update

Other Amendments

• ZO-18-476: Editorial & Minor Revisions

(December 4, 2018/December 5, 2018)

• ZO-19-477: Commonly Accepted Pets

(January 22, 2019/January 23, 2019)

• ZO-19-478: Delineation of Buildable Area on Plans

(In conjunction with PFM Amendment 128-19-PFM)

(January 22, 2019/January 23, 2019)

• ZO-19-482: Editorial & Minor Revisions

(June 25, 2019/June 26, 2019)

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Policy & Procedure Update

Upcoming Amendments

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Policy & Procedure Update

Lot Width

Clarify how lot width is measured on lots with curved frontage, through lots, and reverse frontage lots

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Policy & Procedure Update

Regional Mall Parking Rates

Based on Board direction, staff partnered with Clarion’s subcontractor Nelson/Nygaard to conduct an independent analysis of parking utilization for large retail centers such as Fair Oaks Mall and Springfield Town Center

Current Rate 4 spaces/1,000 GFA for shopping centers > 1,000,000 SF Nelson/Nygaard Proposal 2.5 – 3.0 spaces/1,000 GFA for shopping centers > 800,000 SF

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Policy & Procedure Update

Outdoor Lighting

Consider revisions related to:

• Color temperature
• Single family exemptions
• Motion-activated lighting exemptions
• Sports fields/courts
• Review of sports illumination plans by ARB

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Policy & Procedure Update

Agritourism

• Define unique terms related to agritourism and

establish related use limitations

• Stakeholder outreach began this summer. We

anticipate authorization by the end of 2019

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Policy & Procedure Update

Hollin Hills HOD

Consider new Historic Overlay District Requires:

– Zoning Ordinance Amendment

– Comprehensive Plan Amendment – Rezoning – Map the Overlay District

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Policy & Procedure Update

Zoning Ordinance Modernization Project

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Policy & Procedure Update

Scope

• Improve format and structure of the Zoning Ordinance
• Categorize and modernize land uses
• Changes in readability (plain English)
• Limited content changes that will be highlighted along

the way

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Policy & Procedure Update

Timeline

• Jan. 2018

to July 2019

Modernization of use regulations July 1, 2019: consolidated draft of use regulations posted

July 16, 2019

Board of Supervisors endorsement of use regulations

Summer 2019 to Early 2020

Plain language and other revisions of remaining articles Creation of figures, charts, and graphics

Spring/ Summer 2020

Release of new consolidated Zoning Ordinance Public hearings with Planning Commission and Board of Supervisors

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Policy & Procedure Update

New Ordinance Structure

1) General Provisions 2) Zoning Districts 3) Overlay Districts 4) Use Regulations 5) Development Standards

 Affordable Housing  Floodplain  Landscaping  Lighting  Vibration

6) Parking and Loading Standards

• Article 11 content

7) Sign Standards 8) Procedures and Enforcement

• Application and Submission

requirements

• Enforcement, Violations, and

Penalties

• Nonconformities

9) Definitions

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Policy & Procedure Update

Organization of Uses

• Use Classifications – Very Broad
• Use Categories – Major subgroups of the use

classifications that have common functional, product, or physical characteristics, such as the type and amount of activity, type of occupants or users/customers, or

• perational characteristics
• Uses – Specific Land Uses

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Policy & Procedure Update

Use Modernization

New Names * Consolidations * New Uses

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Policy & Procedure Update

Zoning Districts

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Policy & Procedure Update

Questions & Discussion

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Bonds and Agreements Center (BAC)

• Updated Surety Value Estimate (SVE) Section
• C. for Reductions

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Multi-Phase Rezoning Developments

If you are submitting a plan for a multi-phased development that has proffers, contact FAC prior to emailing your Matrix! LDSFAC@fairfaxcounty.gov

• Different Columns for

different phases, including different site plans & different buildings

• Color coding to

distinguish phases

• Hierarchy to classify

proffers together

We will set your smartsheet up to have:

Facilitation and Addressing Center (FAC)

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Site Application Center (SAC)

• Site Plan, Site Plan Revision, Minor Site Plan,

& Minor Site Plan Revision now accepted as EPLANs

• Infill Lot Grading Plan & Infill Lot Grading

Plan Revisions coming soon…

• Outside Agencies will be using discussion

board for DPE plans in between 1st & 2nd submission

• Fees will be collected at 2nd submission for all

major plans

• Technology fee is assessed on all review fees.

Can be paid at time of submission

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Technical Bulletins and Procedural Changes for Plan Submission and Approvals

Bruce McGranahan, LDS SDID

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Technical Bulletin 19-01:Determining

and Certifying Residential Building Height

• TB supersedes LTI 06-13 and Tech Memo 09-

12, but does not supersede Technical Bulletin 18-03

• How to calc building Ht. and when Height Cert

is required

• As-built height certs no longer required for SF

attached dwellings (i.e. townhouses)

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Technical Bulletin 19-02: 2019

Comprehensive Unit Price Schedule

• Effective March 1, 2019, new Unit Price

Schedule reflecting a 3% increase to account for inflation.

• The 2019 UPS is at

https://www.fairfaxcounty.gov/landdevelopmen t/publications on March 1, 2019.

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Technical Bulletin 19-04: Expiration of

VPDES Construction General Permit on June 30, 2019

• Unless you have achieved final stabilization,

you must submit a complete 2019 Registration Statement by May 1, 2019. (No fee associated with the reissuance of permit coverage).

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Technical Bulletin 19-05: Expiration of

Grandfathering Status Under the Stormwater Management Ordinance

• Grandfathered projects (including subsequent

phases of a multiple phase project) that have not obtained all required approvals and permits and commenced construction by June 30, 2019, lose the grandfathered status and will need to be redesigned to comply with the technical criteria in Article 4 of the SWMO.

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Technical Bulletin 19-08: Expiration of

Grandfathering Status Under the Stormwater Management Ordinance

• Guidelines for requesting waivers / mods of

certain site plan and subdivision ordinance and Public Facilities Manual (PFM) requirements with a rezoning or special exception application (i.e., during entitlement phase).

• Supersedes and replaces LTI-02-05

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Technical Bulletin 19-09: Setting

basement floor elevation above the groundwater table in residential construction

• 1. Freeboard > 2.5 feet
• 2. Freeboard between 1 and 2.5 feet
• 3. Freeboard is negative (GW above basement

floor or the lowest finished floor or freeboard is between 0 and 1 foot).

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Technical Bulletin 19-10: Recycled

Concrete Aggregate Prohibited in Certain Applications

• Policy: The use of RCA materials in building

pads, retaining walls, reinforced slopes and roads with underdrains is prohibited due to its potential to adversely impact the long-term performance of the structure.

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ePlan Rollout 2019

Building ePlans

• New commercial structures (New Multi-Family

(R2) projects coming soon).

• Commercial interior alterations (Plans that

include exterior work need to be applied for and submitted via the paper process).

Site ePlans

• Site plans
• Minor site plans

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Signature Submissions

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Signature Submissions

• No fee for submittal …
• Allowed only when:
• All outside agencies have approved
• Only minor comments (discretion of

reviewers and branch chief) left

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QUESTIONS?