The document summarizes several hot topics related to the Fairfax County Zoning Ordinance, including proposed changes to definitions and regulations for restaurants, short-term rentals, rear yard coverage, agricultural uses, continuing care communities, and signs. It provides background on why changes are being considered and describes proposed amendments for issues like minor modifications and modernizing the zoning ordinance. Contact information and websites for additional resources are listed.

1. Open House
Zoning Ordinance Hot Topics
Zoning
Administration
Division
Fairfax County
Department of
Planning & Zoning

2. Who Are We?
Herrity Building
12055 Government Center Pkwy
Fairfax, VA 22035
Zoning Administration Division
Ordinance Administration
Branch
Suite 807
Phone: 703-324-1314
Fax: 703-803-6372
Zoning Permit Review Branch
Suite 250
Phone: 703-222-1082
Fax: 703-803-2301 Zoning Inspections Branch
Suite 829
Phone: 703-324-4300
Fax: 703-324-1343

3. Who Are We?

4. ZAD MISSION STATEMENT
The primary mission of the Zoning
Administration Division is to interpret and
implement the adopted Zoning Ordinance in
a fair, consistent and accurate manner. When
necessary, ZAD prepares amendments to the
Zoning and Noise Ordinances to better reflect
the community’s needs, values and goals.

5. What Do We Do?
• Prepare Zoning Ordinance and Noise
Ordinance Amendments
• Prepare responses to request for Zoning
Ordinance interpretations
• Prepare responses to zoning compliance
letter requests
• Prepare and present staff reports for
appeals of Zoning Administrator decisions

6. What is Zoning?
Means of implementing the Comprehensive Plan.
Regulates land uses and structures.
Creates distinct districts to allocate land uses.

7. What are the Purposes of Zoning?
• Orderly development of land.
• Protect health, safety &
general welfare.
• Encourage preservation of
the natural environment and
conservation of natural and
historic resources,
• Encourage positive economic
development.

8. Zoning Ordinance History
First Fairfax County
Zoning Ordinance was
adopted in 1941.
The most recent edition
of the Zoning Ordinance
was adopted in 1978.
To date this edition has
had over 450
amendments.

10. CURRENT HOT TOPICS!!
Zoning Ordinance Modernization (ZMOD)
Short Term Rentals
Restaurants
Minor Modifications
Minimum Required Rear Yard Coverage
Agricultural Districts and Uses
Sign Ordinance
Continuing Care

11. The current definitions are based on
detailed operational characteristics:
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 proposed
definitions would
classify restaurants
as:
• Restaurant
• Restaurant with
Drive-through, or
• Carryout
Restaurant
Restaurants

13. 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.

14. Min. Required Rear Yard Coverage
Amendment as Proposed Would:
• Distinguish between lots in
Conventional (“R”) Zoning Districts vs.
Planned Development (“P”) Districts;
• Exempt P District Lots below 5,000
square feet;
• Increase the coverage allowed on each
lot type;
• Create Special Permit to exceed
permitted coverage;
• Clarify what is counted as coverage
and how it is counted, using graphics.

15. Short Term Rentals
Why changes are being proposed?
The General Assembly passed Senate Bill 1578, giving
localities the authority to require registration of Short-
Term Rentals.
As a result, a working group has been established to draft
zoning regulations for Short-Term Rentals & establish a
registry of Short-Term Rentals.
The working group seeks to balance residents' interests to
protect the character of their neighborhood with the
interests of persons wanting to operate Short-Term
Rentals within their residence.

16. Short Term Rentals (STR)
Please visit fairfaxcounty.gov/dpz/short-term-
rentals.htm for more information on the proposed
Zoning Ordinance Amendment on STRs, where you
will find:
• Link to Survey on STRs
• Upcoming meeting & public hearing calendar
• FAQs
• And other information regarding the STR review
process

17. AGRICULTURAL DISTRICTS AND USES
(INCLUDING AGRITOURISM)
The Board of Supervisors adopted the Zoning
Ordinance Amendment Work Program for 2017 to
include amendments that will establish/revise the
regulations related to agricultural uses and
agritourism uses.
As a result, staff will review zoning districts in which
agricultural activities are permitted; address trends to
include more community-based and urban
agricultural forms; address agritourism uses as set
forth in the State Code; and review provisions
allowing for the sale of agricultural/garden products.

18. CONTINUING CARE COMMUNITIES
The Zoning Ordinance accommodates
independent living facilities and a variety
of assisted living/nursing care/memory
care facilities as separate uses.
The Board of Supervisors adopted the
Zoning Ordinance Amendment Work
Program for 2017 to include amendments
to establish a use/district the combines all
elements of a continuing care community

19. Zoning Ordinance Modernization Project
Re-formatting/restructuring the Zoning
Ordinance
Processing of prioritized 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

20. Minor Modifications Amendment
• 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

21. Minor Modifications Amendment
• The proposed Amendment:
• streamlines and reformats the text to be more user
friendly; eliminates duplicate text and unnecessary
verbiage; uses more understandable language
• For proffered rezoning's, special exceptions and special
permits
• adds more staff flexibility to the existing provisions in four
areas

22. Why Are We Proposing This Amendment?
• United States Supreme Court decided Reed v. Town of
Gilbert on June 18, 2015
• The Supreme Court decided that an ordinance that is
“content-based” could not survive the strict scrutiny
required by the First Amendment to protect freedom of
speech.
Signs

23. Why Are We Proposing This Amendment?
• Fairfax County’s sign ordinance needs to be
amended to respond to the Gilbert decision
• Primary areas of concern include prohibited
signs, exempt signs and broad sign categories
Signs

24. Resources
Please visit the following websites for information on each topic:
Board of Supervisors’ Development Process Committee:
http://www.fairfaxcounty.gov/bosclerk/board-
committees/meetings/
Department of Planning and Zoning:
fairfaxcounty.gov/dpz/
Zoning Ordinance:
http://www.fairfaxcounty.gov/dpz/zoningordinance/
Proposed Zoning Ordinance Amendments:
http://www.fairfaxcounty.gov/dpz/zoningordinance/proposed/
zMOD:
fairfaxcounty.gov/dpz/zmod/
Short-Term Rentals:
fairfaxcounty.gov/dpz/short-term-rentals.htm