Updated Zoning Ordinance Takes Effect July 1 In Fairfax County

FAIRFAX COUNTY, VA — After the Board of Supervisors adopted the updated Fairfax County zoning ordinance in March, it will take effect July 1.

County staff worked for several years on the zMOD update to replace the 1978 zoning ordinance. The updated ordinance not only seeks to be easier to understand with more interactive and visual features, but it also contains modernized land uses and regulations.

Notable changes were ones that received the most feedback during the approval process. Accessory dwelling units are now known as accessory living units. The updated ordinance removes the age and disability requirement for accessory living units. The approval process for interior units also changes from special permit approval to administrative permit approval.

Another change regards smaller structures commonly found in yards of homes. Accessory structures like sheds, children’s play equipment, and gazebos up to 12 feet in height can be located five feet from side and rear lot lines.

Home-based businesses have updated regulations under the ordinance. Customers are only allowed on site with a special use permit approval, but only an administrative permit is needed for a home-based business without customers physically present. There is an exception for instructional activities with a health and exercise facility or specialized instruction center, where up to four students at a time and eight in a day are allowed with an administrative permit.

As for employees, only the residents of the home are allowed on site, although one additional employee is allowed at single-family detached homes only. Non-resident employees would be limited to hours between 7 a.m. and 6 p.m.

Lastly, flagpole regulations were updated in the modernized zoning ordinance. The old ordinance allows three flags on a property with no maximum flagpole height limit. Under the new ordinance, there will be a maximum flagpole height of 25 feet for lots with single-family dwellings or manufactured homes and 60 feet for lots for all other uses. Residents may request increased flagpole height through a special use permit approval. There is no size limit for flags.

Other sections of the zoning ordinance were tweaked to address inconsistencies and gaps in regulations. A full list of notable changes is provided online.

The county plans to add educational resources and outreach events as the updated ordinance takes effect. Residents can visit the zMOD webpage to see the full zoning ordinance and use clickable links to access each section.