Modernized Zoning Ordinance Approved By Fairfax Supervisors

FAIRFAX COUNTY, VA — The Fairfax County Board of Supervisors voted 7-3 on Tuesday to approve zMod, an updated zoning ordinance for the county. Supervisors Walter Alcorn, Dan Storck, and Pat Herrity voted against the proposal. The modernized zoning ordinance takes effect on July 1, 2021.

The county had launched the "zMOD" process to modernize the zoning ordinance in 2017. This was the first effort to make major revisions to the zoning ordinance in over 40 years with goals to modernize permitted uses and their regulations, make the zoning ordinance easier to understand, and more. Throughout the process, 100 public meetings were held 65 of which before the pandemic.

"We've had chances for engagement, we've had meetings, we've had virtual meetings," said Sully District Supervisor Kathy Smith after introducing a motion to adopt the modernized zoning ordinance. "And this is a big deal for something to be around for 42 years...that this will be a great change that we've gone to less pages, it will be able to be accessed on your tablet, on your phone, on your computer, it will be user-friendly."

The Board of Supervisors held a public hearing on March 9 but deferred a vote until March 23 after hearing hours of testimony from residents both for and against zoning ordinance changes. The key components spurring the most community conversation were policies on accessory living units (ALUs), home-based businesses, and regulations of flags and flagpoles.

The current zoning ordinance allows permits for ALUs for people 55 and over and people with disabilities. The modernized zoning ordinance adopted by the board removes the age or disability requirement for ALUs and allows residents to make interior changes with an administrative permit, provided that there are no exterior changes and parking is provided.

For home-based businesses, the modernized zoning ordinance requires a public hearing process to allow customers. An administrative permit approval for a home-based business does not permit customers, but there is an exception for instructional activities from specialized instructional centers as well as health and exercise centers. These two exceptions could have four students at a time and up to eight per day.

The current zoning allowance allows up to three flags on a property with no maximum flagpole height limit. The modernized zoning ordinance approved by the board keeps the current allowance of three flags but adopts a maximum height 25 feet per lot for single-family homes and up to 60 feet for other uses. Based on public testimony, the proposed size limits for flags were removed. Despite the zoning ordinance setting maximum flagpole heights, residents could request a special use permit for an increased height.

"I know that the board is hearing from people that the concern from people that we are trying to regulate the American flag, and frankly that's not the case," said Smith, who noted she hangs an American flag at her home.

"But we have standards of the zoning ordinance about many different things that are exterior to homes," she continued. "And listening to the conversation and talking to people, I think people have a right for an expectation that if somebody next to them does something that's too tall, it provides a tool to them to deal with it."

The Board of Supervisors also directed county staff to evaluate ALUs and home-based businesses in the county and prepare a report in 18 months of the July 1 effective date to ensure compliance with county zoning requirements.