Fairfax County Zoning Ordinance Work Program Announced for Fiscal Years 2025-2026

The Board of Supervisors of Fairfax County, Virginia, on July 30, 2024, updated its Zoning Ordinance Work Program (ZOWP) for fiscal years (FY) 2025-2026. The Fairfax County ZOWP is a forward-looking work program that outlines the county's priorities for analyzing potential amendments to the Zoning Ordinance over the next two fiscal years. The ZOWP covers a broad spectrum of zoning-related topics, including affordable housing, climate resiliency, parking and short-term pop-up events. Its structure mirrors the board's priorities, with a two-year cycle and annual updates to help ensure the zoning ordinance amendments are responsive to the community's changing needs and goals. The program also underscores the necessity of monitoring and reporting on these amendments to gauge their effectiveness and maintain alignment with the community's objectives. Additionally, the ZOWP includes carryover from the FY 2023-2024 program, as well as new initiatives such as signage regulations, Accessory Living Units (ALUs) and Planned Districts, all of which reflect the county's commitment to addressing contemporary issues through zoning amendments.

It categorizes zoning initiatives by priority into the Priority 1 and Priority 2 categories. Within Priority 1, initiatives are further prioritized into various stages: First Tier, Second Tier, Pending and TBD. Amendments anticipated to be brought forward for discussion at a board committee meeting or for authorization within the first six months of FY 2025 are assigned to the First Tier, and those expected to be brought forward in the second half of FY 2025 are assigned to the Second Tier.

Once adopted, these zoning changes will impact future development applications in a multitude of ways. The ZOWP emphasizes the need for a methodical approach, including research and community outreach, as many zoning ordinance amendments require more than a year to complete. It is a testament to the commitment of thoughtful and responsive urban planning, helping to ensure that the work program continues to reflect the evolving needs of the community.

Zoning Ordinance Work Program for FY 2025-2026

TIER 1:

Light Utility Facilities (New)

• Review permissions and use standards for electrical substations in association with data centers and stand-alone.
• Consider establishing a Memorandum of Agreement with natural gas providers to provide notice of proposed new high-pressure gas distribution pipelines in certain rights-of-way.
• Consider establishing new use for energy storage.

Short-Term Pop-Up Events and Longer-Term Interim Uses

• Evaluate current zoning regulations for 21-day special event administrative permit uses and longer-term interim uses, and consider ways to increase flexibility and remove unnecessary impediments and time limits.

Parking Rates

• Evaluation and consideration of new parking rates for accessible parking.

Contractor's Offices and Shops

• Consider possible zoning changes to permit expanded opportunities for suitable locations for landscape professionals and other Contractor's Offices and Shops, subject to use standards that address the storage of construction vehicles, construction materials and other impacts.

TIER 2:

Planned Districts (New)

• Review the additional standards for commercial uses in the Planned Development Housing (PDH) District and the secondary-use standards, including percentage of residential uses, in the Planned Development Commercial (PRC) District.
• Review the exceptions for when a PRC Plan or amendment to a PRC Plan may be required, and consider expanding the types of minor improvements that would not require a PRC Plan submission, particularly as they relate to open space or community facilities.

Sign Amendments (New)

• Evaluate sign amendments to help ensure they meet current standards of aesthetics and safety.

Congregate Living Facility (New)

• Consider expanding the districts where congregate living facilities are allowed, and broaden the definition to include additional support services such as an emergency shelter and supportive housing.

Accessory Living Units (ALUs) (New)

• Consider changes to ALUs to provide more housing options, reflecting the growing demand for diverse living spaces.

MONITORING:

Application Fees and Planned District Minimum Recreational Facilities Expenditure

• Review that application fees and the Planned District recreational facilities expenditure is on the agenda to make the process more efficient and equitable.

Climate Action and Resiliency Initiatives

• Consider zoning changes that would incentivize and encourage more environmentally sustainable development.
• Support implementation of the Community-wide Energy and Climate Action Plan (CECAP) and Resilient Fairfax.

Floodplain Regulations (New)

• Make necessary updates to floodplain regulations for consistency with Federal Emergency Management Agency (FEMA) maps to protect properties and mitigate flood-related risks.

Affordable Housing Initiatives

• Consider zoning changes to promote affordable housing and support land use policies.
• Consider zoning changes and strategies to incentivize preservation of existing manufactured home communities.

PRIORITY 2:

New Items Added to ZOWP:

• Review definition and permissions for associated service uses.
• Clarification of building height measurement.
• Review of uses that increasingly utilize online sales, including sales of vehicles, and consider expanding permissions to allow online sales in certain commercial and industrial districts subject to appropriate use standards.
• Review of use standards for recycling centers.
• Review of use standards for vehicle sales.
• Review of highway corridor and sign control overlay districts.
• Review of short-term lodging standards, including permitted number of nights.
• Review the Parking Reimagined future analysis report.