Zoning Amendments – 2009

Rewrite of Section 31A Historic Preservation DistrictsAdopted December 12, 2009.  (ZOA-09-10)  Amendments to Section 1. Definitions, Section 2. General Regulations and Section 31A. Historic Preservation Districts.  This comprehensive rewrite of Section 31A was recommended in the Historic Preservation Master Plan, adopted in December, 2006.  The changes include both legal and policy changes, in response to the growing scope of the HALRB, and reflects the language in Virginia’s enabling legislation.  Section 31A was previously substantially updated in 1983, and thus the ordinance was out of sync with current County policies and practices dealing with historic preservation review, and with certain elements of Virginia enabling legislation.  Staff Report.  Supplemental Report.

Nonconforming Apartments in “RA” DistrictsAdopted October 24, 2009.  (ZOA-09-08) Amendments to Sections 12, 13, 14 and 15 (Apartment Dwelling Districts) to permit the County Board, when a building is nonconforming, to modify regulations by use permit approval, subject to provision of affordable housing.  Density may not be increased beyond that already lawfully existing on the site and height may not be modified.  Staff Report.

Child Care Centers  – Adopted July 14, 2009.  (ZOA 09-07) Amendment to Section 3. “S-3A” Special Districts to allow child care centers and other uses licensed under Chapter 52 of the County Code, subject to Use Permit approval.  Staff Report.

Use Permits for Businesses providing classes to childrenAdopted July 11, 2009.  (ZOA 09-06) Amendments to Sections 20, 26, 26A and 27A to require, in commercial zoning districts, that businesses providing classes to children be subject to use permits if 20% of the total enrollment is children under the age of 18, or if there are ten or more children enrolled in classes at any one time.  Staff Report.

Zoning Fees, FY 2010Adopted April 28, 2009 (effective July 1, 2009).  (ZOA 09-03) Amendments to Sections 1. Definitions,  34. Nameplates, Signs and Other Displays, or Devices to Direct, Identify and Inform and 36. Administration and Procedures.  This amendment removed the zoning fee schedule from the Zoning Ordinance and replaced it with a reference in subsection 36.M. to indicate that fees will be charged according to a schedule adopted by the County Board.  Future Zoning fee changes will continue to require adoption by ordinance, and it is expected that changes to such schedule will continue to be heard annually as part of the budget cycle.  Staff Report.

FBC SignageAdopted April 25, 2009. (ZOA 09-05) Amendments to Section 20 and Section 20 (Appendix A) “CP-FBC,” Columbia Pike – Form Based Code Districts, Section IV.F. Signage, to 1) establish maximums of 3 wall or window signs per tenant, 1 building plaque per building, 1 blade sign per tenant, 1 graphics sign and 1 additional wall or window sign and 1 additional blade sign for corner tenants; 2) to modify the size, dimension, placement and lettering size regulations for signs in the Form Based Code; 3) to clarify the relationship between the Form Based Code and Section 34, and 4) to allow the County Board to modify signage requirements in the Form Based Code by Special Exception.  Staff Report

Clarendon Sector Plan ImplementationAdopted April 25, 2009. (ZOA 09-04) Amendments to Sections 1, 19, 26, 26A, 27, 31 and 36 to create a new zoning tool for the edge areas of Clarendon: a Special Exception, Unified Commercial/Mixed-Use Development (UC/MUD) option applicable to areas zoned “C-1”, “C-2”, “C-3” or “C-TH” that are planned for “Service Commercial” uses on the General Land Use Plan and within the “Clarendon Revitalization District”, in order to ensure consistency with the goals and policies set forth in the 2006 Clarendon Sector Plan.

Civil Penalties – Adopted February 21, 2009.  (ZOA 09-02) Amendment to Section 37. Violations and Penalties, and Section 31A, to expand use of Civil Penalties in the Zoning Ordinance.  This amendment decriminalizes the entire Zoning Ordinance, except for those violations that are required by State code to be criminal penalties.  All fines and appeal times were updated based upon maximums allowed by Virginia  Code.  Staff Report.

Acquisition of Property and Nonconforming UseAdopted January 27, 2009.  (ZOA 09-01) Amendment to Section 2. General Provisions and Section 35. Nonconforming Buildings and Uses to allow for the creation of nonconforming conditions due to acquisition of property by the county for a public purpose subject to conditions as the County Board may approve, so long as the County Board finds that the acquisition is in the public interest and that the nonconforming conditions created will not be detrimental to adjacent properties or change the character of the zoning district.  Nonconforming conditions created under this provision are subject to the nonconforming building and use regulations in the Section 35 of the Zoning Ordinance.  Staff Report.

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