Zoning Ordinance Decision Deferred By Fairfax Supervisors

FAIRFAX COUNTY, VA — On Tuesday, the Fairfax County Board of Supervisors deferred a decision on proposals to modernize the county's zoning ordinance until March 23.

The county had launched the "zMOD" process to modernize the zoning ordinance in 2017, over 40 years after it was first established. Goals of the first phase of the zMOD process include modernizing permitted uses and their regulations, making the zoning ordinance easier to understand, eliminating gaps and inconsistencies, creating a streamlined user-friendly document, making it usable on multiple platforms, and using more tables, graphics, and hyperlinks.

The county's Department of Planning and Development has been working on updates to each section of the zoning ordinance over the last four years. After drafts for each section were completed, they were presented to the Board of Supervisors' Land Use Committee and the Planning Commission's Land Use Process Review Committee and presented for public comment. During the process, 100 public meetings were held, including 65 before the pandemic.

The board's deferral came after a public hearing with hours of testimony from residents who support or oppose zoning ordinance changes. The key components spurring the most community dialogue involved accessory living units and home-based businesses, as well as a separate item regulating flags and flagpoles.

County staff recommended accessory living unit be the new name for the current accessory dwelling unit so it cannot be confused with affordable dwelling units. Staff also propose that interior accessory living units meeting all standards be approved by an administrative permit issued by the zoning administrator.

For home-based businesses, county staff recommend administrative approval for permitted home-based businesses. Up to two customers would be allowed at a time and up to six per day. There is an option to allow one nonresident employee in all dwelling types, but a special permit would be required for additional customers or employees.

A separate item in the zMOD process calls for regulation changes for flags and flagpoles. Under the current zoning ordinance, all lots can have up to three flags with no maximum flagpole height limit. County staff propose a maximum flagpole height limit of 25 feet for single-family properties and 60 feet for other principal uses as well as a limit of two flags for single-family properties and three for other principal uses. As noted in staff's revised recommendation, flags could be a maximum of 50 square feet for a single-family home and 150 square feet for other principal uses. The Fairfax County Planning Commission recommended against flag and flagpole changes.

The Board of Supervisors will discuss the zoning ordinance again on March 23. If the modernized zoning ordinance is approved, changes would take effect on July 1.

For more information on the zMOD proposals, visit www.fairfaxcounty.gov/planning-development/zmod.