Zoning Ordinance Update Phase IIB

CPHD

January 29, 2014

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Zoning Ordinance Update Phases

• Phase I (signs): adopted July 24, 2012

• Phase IIA (reformat): adopted May 18, 2013

• Phase IIB (policy updates and use classification): – Anticipated final consideration: Spring 2014

• Administrative practices and determinations related to bulk, placement and coverage

• Minor miscellaneous policy amendments

– Anticipated final consideration: November 2014 • Use classification, definitions, standards

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Goals of Phase IIB

• Codify current administrative practices and Zoning Administrator determinations

• Incorporate updates consistent with Virginia Code and other requirements

• Incorporate additional minor policy changes as necessary to resolve conflicts in the current ordinance and to consider a use classification system

• Address inconsistencies, undefined uses, and inconsistently applied uses

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ZO Update Outreach (Phase IIB) • Administrative practices and determinations related to

bulk, placement and coverage – ZOCO - Dec 2014, Feb 4, 2014, March 11, 2014 – NCAC – January 9, 201 – Residential contractors – February 13, 2014 – Civic Federation – April 1, 2014 – Public meeting - January 29

• Minor miscellaneous policy amendments – ZOCO (schedule as above)

• Use classification, definitions, standards – starting April 2014 (dates for outreach TBD)

– ZOCO – Chamber of commerce – Economic development commission – Small business – NVBIA/NAIOP – Public meeting – Civic Federation and NCAC (if requested)

Questions

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Minor Miscellaneous Policy

• Clarifications and policy updates on a range of topics

– Updates to nonconforming use provisions for consistency with Virginia Code and clarifications to resolve conflicting provisions

– Codify a policy for refunds of zoning fees

– Technical updates to correctly identify location of County Zoning Map and aircraft landing approach area regulations

– Reconcile terms used in the Zoning Ordinance when referencing streets, for consistency with Master Transportation Plan

– Add religious institutions and home day cares uses to zoning districts where they were inadvertently not listed as permitted uses

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Minor Miscellaneous Policy

• Clarifications and policy updates on a range of topics

– Clarify home occupation provisions consistent with practice of allowing them in all residential units

– Explore adding “PDSP” to the Zoning Ordinance

– Use consistent language for where the County Board may not modify the Ordinance

– Explicitly address “bike share” in the Zoning Ordinance

– Update ambiguous references not resolved in the reformat

Questions

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Administrative Practices

• Administrative practices and determinations related to bulk, placement and coverage

– Codify definition of lot coverage (consistent with 9/1/01 ZA memo)

– Codify practice of allowing dormers equal to 50% of the horizontal surface of the roof area (consistent with 10/7/88 memo)

– Codify practice of allowing porches to encroach 4 feet into 25-foot setback • And reverse a recent ZA determination related to placement of stairs/steps, to codify a past practice

– Codify ZA determination that requires eaves of accessory buildings to be at

least one foot from any property line

– Codify practice of allowing mechanical equipment to be located in required yards (consistent with 11/5/08 determination)

– Codify practice of allowing bay windows, decks and oriel windows to project into required setbacks

1 Amendment to §3.1.3.

to codify what is included in the calculation of lot coverage, consistent with a

9/19/01 Zoning Administrator memo

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Issue

• Since the November 2005 amendments for lot coverage, staff has used the features included in a 9/19/01 Zoning Administrator memo to determine whether something is included in lot coverage or not.

• List includes variety of features such as chimneys, bay windows with floor space, garages, decks higher than 8 inches, in-ground swimming pools, and gazebos.

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Proposed Text

• Incorporates both included and excluded features in the Ordinance

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2 Amendments to §3.1.5.A. and

§3.2.6.A.2.(e)(2) to codify the practice of allowing dormers to equal 50% of the

horizontal surface of the roof area consistent with 10/7/88 Zoning

Administrator memo and require a 6 inch setback on dormer walls on

accessory buildings

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Issue

• When a dormer exceeds 50% of the horizontal surface of the roof area, it becomes the main roof for the purposes of calculating building height.

• For at least 10 years, on accessory buildings, staff has required the front of a dormer wall to be set back at least 6 inches from the front of the wall to ensure that the building remains no higher than 1 ½ stories high .

• The term “dormer” needs to be defined.

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Proposed Text

• Text would codify that when a dormer exceeds 50% of the horizontal surface of the roof area, it becomes the main roof for the purposes of calculating the height of a single-family dwelling.

• Text would codify the practice requiring that, on an accessory building, the front wall of the dormer must be set back 6 inches.

• The text would also include a definition for “dormer”.

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3 Amendment to §3.2.6.A.1.(e)

relating to encroachment of steps, stoops and porches into required setbacks

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Issue

• Setback provisions allow stairs, steps, unenclosed porches to encroach into 25-foot required street setback.

• Subsequent section addresses features that may encroach into yards and courts, but does not specifically list stairs, steps and porches.

• Longstanding administrative practice allows porches to encroach 4 feet.

• Until a March 2010 determination by the Zoning Administrator, stairs and steps were permitted to encroach into a required setback. The current ZA would like to return to past practice.

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BZA Approvals – Porches and Steps

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Porches (65 cases approved, 45.1% of all 2012 BZA cases)

Structure Avg. Street Setback Avg. Side Setback Avg. Rear Setback Steps 13.9 ft. 5.3 ft. 0 ft. Eave 15.7 ft. 6.4 ft. 15.4 ft. Porch/Stoop Base 16.8 ft. 7.3 ft. 15.1 ft.

Steps (15 cases, 10.4% of all 2012 BZA cases) Avg. Street Setback Avg. Side Setback Avg. Rear Setback 10.9 ft. 3 ft. 13.5 ft.

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Proposed Text – Front Setbacks

• Permits stoops to encroach no more than 4 feet into a required setback.

• Permits stairs and steps to encroach into the front setback as long as they are no closer than 5 feet from any street ROW line.

• Permits porches to encroach into the front setback as long as they are no closer than 5 feet from any street ROW line; porch eaves can encroach an additional 4 feet.

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Proposed Text – Side and Rear Yards

• Permits porches to encroach into the rear yard, as long as they are no closer than 15 feet from the rear lot line; porch eaves may encroach an additional 4 feet (11 feet from rear and 4 feet from side lot line).

• On corner lots, porch eaves may encroach into the rear yard no more than 4 feet but not nearer than 6 feet from a rear lot line; on side yards porch eaves may encroach 4 feet but no closer than 5 feet from a side lot line.

• Stairs and steps may encroach so long as they are no closer than 5 feet from any side or rear lot line. 24

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New Definitions

• Deck. A flat open platform, which may have more than one level, and may be supported by posts.

• Porch. An unenclosed platform with columns or piers supporting the roof.

• Stoop. An entry platform on the façade of a building that may be roofed, has no supporting posts and is not enclosed.

• Stairs. A series of steps, or multiple steps which are connected by landings.

• Step. A stair unit which consists of one tread (walking surface) and one riser. 26

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4 Amendment to §3.2.6.A.2.(e),

regarding accessory building eave encroachments into required

side and rear yards

Issue

• Since accessory buildings may be placed one foot from the side and rear lot line, eaves can easily overhang the property line. This complicates maintenance and encroaches on others’ property.

• At least 10 years ago, the Zoning Administrator instituted a practice requiring eaves rather than the building wall to be placed no closer than one foot from the property line.

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Proposed Text

• Codifies the practice regarding eaves

• Stipulates that on interior lots, the nearest edge of an eave may be no closer than one foot from a side or rear lot line.

• Stipulates that on corner lots, the nearest edge of an eave may be no closer than one foot from any side lot line.

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5 and 6

Amendment to §3.2.6.A.3.(a) and §3.2.6.A.3.(b), regarding encroachments

into required side and rear yards by various types of equipment consistent

with November 4, 2008 Zoning Administrator memo

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Issue

• The Zoning Ordinance lists a number of features which may project into required setbacks and yards, including balconies, eaves, trim and fascia boards, platforms and terraces.

• Based on November 2008 and June 2013 determinations, various additional types of mechanical and storm water management equipment are permitted to be located in side and rear yards.

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• AC units are permitted without screening if 8 feet from a side lot line or 10 feet from a rear lot line

• AC units are permitted with screening if no closer than 8 feet from a front or rear lot line, or 5 feet from a side lot line

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Proposed Text

• Permits mechanical equipment similar to air conditioning units to be installed in side and rear yards, including emergency generators; pool equipment; compressors; and heat pumps.

• Same screening and location requirements apply.

• In addition, storm water planters which are separate structures are proposed to be permitted no closer than 5 feet from any side lot line or 8 feet from any front or rear lot line. No screening would be required.

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Questions

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Next Steps

• All recent information posted on web page: – Go to www.arlingtonva.us and type “zoning update” into the search box – http://www.arlingtonva.us/departments/CPHD/planning/studies/page87562.aspx

– FAQ (in progress) – Comment/response matrix

• Review of comments and feedback and refinements to

proposed amendments

• Contact Debbie Albert with any questions/comments: – dalbert@arlingtonva.us – 703-228-3533

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Next Steps

• Public hearing process

– Request to Advertise – Target: April or May 2014 • Planning Commission review • County Board consideration

– Final consideration – Target: May or June 2014

• Planning Commission recommendation • County Board consideration

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