This ordinance and the official zoning map made a part hereof shall be known and may be cited and referred to as the City of Alexandria Zoning Ordinance.

This ordinance is enacted in order to promote the health, safety and welfare of the residents of the City of Alexandria and to implement the consolidated master plan of the city. To these ends, the ordinance is designed to:

(A)

Guide and regulate the orderly growth, development and redevelopment of the City of Alexandria in accordance with a well-considered plan and with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people.

(B)

Protect the established character of existing residential neighborhoods and commercial and business areas and the social and economic well-being of the residents.

(C)

Promote, in the public interest, the utilization of land for the purposes for which it is best adapted in harmony with the established character of the city.

(D)

To reduce or prevent congestion in the public streets.

(E)

To facilitate the creation of a convenient, attractive and harmonious community.

(F)

To expedite the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities and other public requirements.

(G)

To protect against destruction of, or encroachment upon, historic areas and archeological sites.

(H)

To preserve existing and facilitate the provision of new housing that is affordable to all segments of the community.

(I)

To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic or other dangers.

(J)

To promote the public necessity, health, safety, convenience and general welfare by equitably apportioning the cost of providing the additional public facilities necessitated or required by development.

(K)

Provide for the preservation of environmentally sensitive areas and urban forested lands.

(L)

To promote tourism.

(M)

To further the purposes of the city charter.

(A)

Territorial application. The regulations and restrictions in this ordinance shall apply to all buildings, structures, land, water and uses within the territorial limits of the City of Alexandria, Virginia.

(B)

General application. All buildings and structures erected hereafter, all uses of land, water or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all regulations of this ordinance which are applicable to such buildings, structures, uses or land. Existing buildings, structures, and uses which comply with the regulations of this ordinance shall likewise be subject to all regulations of this ordinance and, if they do not comply with the regulations of this ordinance, shall be governed by the provisions of Article XII.

(C)

General prohibition. No building or structure, no use of any building, structure or land, and no lot now or hereafter existing shall hereafter be established, altered, moved, divided or maintained in any manner except as authorized by the provisions of this ordinance.

(D)

Repeal of prior provisions. Title 7, Chapter 6 of the city code, as adopted on December 28, 1951 and as amended from time to time thereafter, is hereby repealed in its entirety. Except as expressly provided in this ordinance, such repeal shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such repeal had not been effected.

(E)

Provisions declared invalid. The several provisions of this ordinance shall be separable in accordance with the following rules:

(1)

If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance.

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building or structure, such judgment shall not affect the application of said provision to any other property, building or structure.

(F)

Conflicting provisions. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. Whenever any provision of this ordinance imposes a greater requirement or a higher standard than is required in any state or federal statute or other city ordinance or regulation, the provision of this ordinance shall govern. Whenever any provision of any state or federal statute or other city ordinance or regulation imposes a greater requirement or a higher standard than is required by this ordinance, the provision of such state or federal statute or other city ordinance or regulation shall govern.

(G)

This ordinance shall be and become effective upon its adoption on June 24, 1992.

(A)

Zoning map.

(1)

The city is hereby divided into the zones provided in Articles III, IV, V and VI of this ordinance and as shown on the map entitled "Official Zoning Map, Alexandria, Virginia," which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this ordinance.

(2)

Regardless of the existence of purported copies of the official zoning map, the official zoning map shall be located in the office of the department of planning and zoning and shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city save for subsequent amendments enacted by the city council and not yet officially recorded on said map.

(3)

No changes of any nature shall be made to the zoning map or any matter shown thereon except in conformity with the procedures and requirements of this ordinance and it shall be unlawful for any person to make unauthorized changes on the zoning map.

(B)

Zoning district boundaries. Where uncertainty exists as to the boundaries of zones as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow center lines except where such location would change the zoning status of a lot or parcel, in which case the boundary shall be interpreted in such manner to avoid changing the zoning of any lot or parcel or portion thereof. In case of closure of a street or alley, or vacation of an easement, the boundary shall be construed as remaining at its prior location.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as following city limit lines shall be construed as following such city limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be at the center line of the railroad right of way.

(5)

Boundaries indicated as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.

(6)

Boundaries indicated as parallel to or extensions of features indicated in sections 1-300(B)(1) through (5) above shall be so construed. Distances and dimensions not specifically indicated on the official zoning map shall be determined from the scale of the map.

(7)

Where natural or man-made features actually existing on the ground are at variance with those shown on the official zoning map, the director shall interpret the district boundaries.

(Ord. No. 3774, § 2, 1-21-95)

(A)

Interpretation of terms. For the purpose of this ordinance, the following words and terms are to be interpreted as follows:

(1)

Tense, gender, singular, plural. Words used in the present tense can include the future; words used in the masculine gender can include the feminine and neuter; words in the singular number can include the plural; and words in the plural can include the singular, unless the obvious construction of the wording indicates otherwise.

(2)

Shall. The word "shall" is mandatory.

(3)

Distances. Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which the distance is specified.

(4)

Day. Unless otherwise specified, the term "day" shall mean calendar day.

(5)

Land use. The terms "land use" and "use of land" shall be deemed also to include building use and use of building.

(6)

Adjacent, abutting. The word "adjacent" means nearby and not necessarily contiguous; the word "abutting" means touching and sharing a common point or line.

(7)

State, city. The word "state" means the Commonwealth of Virginia. The word "City" means the City of Alexandria, Virginia.

(8)

City code. The term "city code" means the Code of the City of Alexandria, Virginia.

(9)

Council, city council. Wherever the words "council" or "city council" are used, they shall be construed to mean "the city council of the City of Alexandria."

(10)

Charter. The word "charter" shall mean the Alexandria Charter of 1950, as amended from time to time.

(11)

Person. The word "person" shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.

(12)

Computation of time.

(a)

Whenever a notice is required to be given, or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

(b)

Whenever a notice is required to be given, or an act to be done, within a certain period of time after a decision or event, the day on which the decision or event occurs shall not be counted in computing the time, but the day on which such notice or act is required to be given or done shall be counted in computing the time.

(c)

Except as may otherwise be expressly provided by law, when the last day fixed by any provision of this ordinance or by administrative regulation for the commencement of any proceeding, for a paper to be served, delivered, filed, or recorded, or for any other act to be done, in connection with any regulatory proceeding before any city officer, board, commission or agency, or before the city council, falls on a Saturday, Sunday, legal holiday observed by the Commonwealth of Virginia, or any other day on which the city manager authorizes the closing of city offices, the proceeding may be commenced, the paper may be served, delivered, filed or recorded, or the act may be done on the next succeeding day that is not a Saturday, Sunday, or such legal holiday or other day on which city offices are closed.

(13)

Headings and titles. The headings and titles or catchlines of the several sections of this ordinance printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any such sections, including the catchlines, are amended or reenacted.

(B)

Interpretation of zone regulations.

(1)

If a given use may be construed to fall within a broadly defined use in a zone as well as within a more narrowly defined use in the same or another zone, it shall be interpreted to be allowed only where the narrowly defined use is listed.

(2)

Maximum height regulations shall be as specified in a given zone, except as may be qualified by section 6-400 regarding height districts.

(3)

Maximum floor area ratio and maximum density shall be calculated as follows:

(a)

In every zone, the maximum floor area ratio and maximum density specified for the zone shall be determined on the basis of the gross area of the lot or tract of land involved, which shall include:

(1)

Areas to be dedicated for street purposes that are in excess of:

(a)

30 feet from the centerline in the instance of property located in the R-20 through R-2-5 zones, inclusive.

(b)

33 feet from the centerline in the instance of property located in each of the other zones.

(2)

Areas located within fire, emergency vehicle, buffer, scenic, channel, bicycle, utility, park or sewer easements.

(b)

Except as provided in subparagraph (c) below, compliance with floor area ratio and density requirements shall be determined separately for each individual lot of record.

(c)

An applicant for a special use permit for a CDD pursuant to section 5-602(D), for development in a CRMU zone, RMF zone, or for a cluster development may request that the land covered by the application be treated as a "tract" for purposes of calculating floor area ratio and density so as to achieve an overall figure that meets the requirements of the zone without regard to compliance on a lot by lot basis.

(d)

Lots created for single-unit and two-unit dwellings shall not include areas used, in whole or in part, for public or private streets, including alleys or driveways providing access to three or more dwelling units. Lots created for townhouse dwellings shall not include areas used, in whole or in part, for public or private streets, including alleys or driveways providing access to more than one dwelling unit, except as allowed pursuant to section 7-1600(F).

(e)

Single-unit and two-unit dwellings on lots which contain public or private streets, including alleys or driveways providing access to three or more dwelling units, and townhouse dwellings on lots which contain public or private streets, including alleys or driveways providing access to more than one dwelling unit, existing on March 1, 2000 or for which a building permit application or preliminary site plan application was filed, and was pending or had been approved on March 1, 2000, shall not be subject to the provisions of clause (d) of this paragraph, shall not be characterized as noncomplying structures or substandard lots, and shall be characterized as structures and lots grandfathered under prior law, pursuant to section 12-500 of this title.

(f)

When calculating the floor area of an office, multi-unit or mixed use building constructed after June 22, 2010, space devoted to day care facilities and programs offering early childhood education, elder care and other related services shall not be calculated as floor area, provided:

(1)

A maximum of 10,000 square feet of floor area may be excluded under this provision;

(2)

Space for which this floor area exclusion has been allowed shall remain devoted to day care facilities and programs offering early childhood education, elder care and other related services unless a special use permit is approved for alternative community facilities or civic functions, including public schools; community arts exhibition or performance space; private education center; neighborhood reading room or library; space for community meetings and functions; or a youth center.

(4)

In the case of a conflict among various zone requirements, such as density, lot size, height and floor area ratio, permitted development shall comply with the most restrictive of such requirements.

(5)

Where residential density is prescribed in a zone for single-unit, multi-unit or townhouse dwellings, the same density limitation shall apply to alternative housing types allowed in such zone unless more than one residential density regulation is provided, in which case the density most appropriate to the specific form of alternative housing being provided shall apply.

(Ord. No. 3746, § 1, 6-28-94; Ord. No. 4120, § 1, 4-15-00; Ord. No. 4677, § 1, 6-22-10; Ord. No. 4897, § 1, 6-24-14; Ord. No. 5205, § 1, 3-16-19; Ord. No. 5374, § 1, 10-16-21; Ord. No. 5515, § 1, 12-16-23)

(A)

Existing variances and special use permits or exceptions. Any variance or special use permit or exception lawfully approved prior to June 24, 1992, or any amendment thereof, which could be lawfully approved pursuant to the provisions in effect after June 24, 1992 shall be deemed to be and continue valid after June 24, 1992. Any structure or use lawfully authorized by any such variance or special use permit which could not be so issued after June 24, 1992 shall be allowed to continue subject to the provisions of Article XII.

(B)

Right to complete construction pursuant to approved plans.

(1)

Building permits issued prior to June 24, 1992. Nothing in this ordinance shall be deemed to require any change in the plans, construction or designated use of any structure in the event that:

(a)

A building permit for such structure was lawfully issued prior to June 24, 1992, or any amendment thereof; and

(b)

Such permit had not by its own terms expired prior to June 24, 1992; and

(c)

Such permit was lawfully and properly issued in accordance with the law prior to June 24, 1992; and

(d)

Construction pursuant to such permit is commenced prior to the expiration of such permit and is thereafter diligently pursued to completion. The building official shall not grant more than two extensions of the period of validity of a construction permit, limited by section 109.8 of Volume I —New Construction Code of the Uniform Statewide Building Code.

(2)

Preliminary site plans approved prior to June 24, 1992. Nothing in this ordinance shall be deemed to require any change in the plans, construction or designated use of any structure in the event that:

(a)

A preliminary site plan for such development was lawfully approved prior to June 24, 1992; and

(b)

Such prior approval continues in force and effect and has not expired prior to June 24, 1992 or does not thereafter expire; and

(c)

Building permits are obtained and construction pursued in compliance with 1-500(B)(1)(d) above.

(3)

Right to occupy as nonconformity. Upon completion pursuant to sections 1-500(B)(1) or (2), such structure may be occupied by, and a certificate of occupancy shall be issued for, the use designated on such permit, subject thereafter to the provisions of Article XII, if applicable.

(C)

Pending applications.

(1)

Applicability. This ordinance shall apply to all applications provided for under this ordinance which are pending and not yet finally decided on June 24, 1992.

(2)

Duty of city officials. Within 20 days following June 24, 1992 any city official, department, bureau, agency, board or commission then having pending before it any application to which this ordinance applies shall transmit a copy of such application to the director.

(3)

Duty of planning director. Within 30 days of June 24, 1992 the director shall inform each applicant named on each application referred to him pursuant to section 1-500(C)(2) that his application is subject to the provisions of this ordinance and will be processed in accordance therewith; that the applicant may within 30 days of the mailing of such notice refile, without fee, the application on the basis of this ordinance; and that if it is not so refiled, the application may be denied by the decision-making authority for said application for noncompliance with the provisions of this ordinance.

(4)

Duty of applicant. Notwithstanding the foregoing provisions, it shall be the responsibility of each applicant having an application pending on June 24, 1992 to modify such application in accordance with the terms and provisions of this ordinance and the failure to do so may result in denial of such application for failure to comply with the provisions of this ordinance. The modification of an application shall be permitted at any time prior to the final disposition of such application and shall be permitted without payment of any additional fee.

(5)

Processing of pending applications. Upon the refiling of any pending application as herein provided, or upon notification from the applicant that he will not refile or modify his application, such pending application shall be processed in accordance with the terms of this ordinance, and the date of refiling or notification shall be treated as the filing date of such application.

(A)

Upon application the city council may authorize, as a special use permit, a specific proposed development that is not permitted by the terms of the zoning ordinance whenever the council finds that the applicant has demonstrated that his rights to commence and complete such development have vested prior to the approval of a rezoning that purports to curtail those rights, pursuant to the standards set out in sections 1-600(C), (D), and (E).

(B)

Definition of terms.

(1)

For the purpose of this section 1-600, an "investment-backed expectation" is defined as the expenditure of substantial sums of money which cannot be recovered or an irreversible change of position that imposes on the applicant an obligation to expend substantial sums of money in the future.

(2)

For the purpose of this section 1-600, the "date of notice that rezoning is in progress" shall be the date that a notice of a public hearing on a proposed rezoning is first published in accordance with the provisions of section 11-300.

(C)

In considering whether a development expectation has vested, the city council shall consider:

(1)

Whether there has been an official act or approval of the city upon which the applicant in good faith has relied to his detriment in a manner that makes it inequitable to enforce the terms of the currently effective zoning regulations with respect to the applicant's property.

(2)

The extent to which the applicant has, prior to the date of notice that rezoning is in progress, made a substantial commitment of money or resources directly associated with physical improvements on the land such as grading, excavation, installation of utility infrastructure or other public improvement, or for the design of specific buildings and improvements to be constructed on the site.

(3)

The extent to which the applicant has secured permits for, and commenced or completed, the construction of subdivision improvements and buildings in part but not all of a development that was contemplated to extend over a period of months or years.

(4)

Whether the applicant prior to the date of notice that rezoning is in progress has made contractual commitments to complete buildings and deliver title thereto or occupancy thereof.

(5)

Whether the applicant prior to the date of notice that rezoning is in progress has incurred financial obligations to a lending institution which, despite a thorough review of alternative solutions, the applicant will be unable to meet unless he is permitted to proceed with the proposed development.

(6)

Whether enforcement of the terms of the zoning regulations complained about will expose the applicant to substantial monetary liability to third persons, or will leave the applicant completely unable, after a thorough review of alternative solutions, to earn a reasonable return on the property.

(7)

Whether the right of the applicant to commence and complete the proposed development may have vested only with respect to an identifiable and discrete portion of the proposed development.

(D)

The right of the applicant to commence and complete construction of a specific proposed development, or a portion thereof, is vested if the applicant can demonstrate that:

(1)

The applicant owned the parcel proposed to be developed on the date of notice that rezoning was in progress with respect to such parcel and the specific development proposed for the parcel was then lawful and permitted.

(2)

Applying the considerations set out in section 1-600(C), the development expectations of the applicant were reasonable and final when formulated and were investment-backed.

(3)

Requiring that the applicant's property be developed in accordance with the currently effective zoning restrictions will, considering the investment of the applicant prior to the date of notice that rezoning is in progress, deprive the applicant of a reasonable rate of return on his investment. In determining the reasonableness of the projected rate of return, the following categories of expenditures shall not be included in the calculations of the applicant's investment:

(a)

Expenditures for professional services that are unrelated to the design or construction of the improvements proposed for the projected development.

(b)

Expenditures for taxes except for any increases in tax expenditures which result from governmental approvals or the construction of improvements on the property of the applicant.

(c)

Expenditures which the applicant has allocated to the particular proposed development but which the applicant would have been obliged to incur as an ordinary and necessary business expense (for example, employee salaries, equipment rental, chattel mortgage payments) had the plan for the particular development not been formulated.

(E)

The fact the property has been or is in a particular zoning classification under this ordinance, or any prior zoning ordinance of the city, shall not, in itself, establish that an applicant's right to develop has vested.

(F)

Any person, firm, or corporation having an ownership interest in property may file an application for a determination that the right to commence and complete a specific development on that property has vested. Such application shall be filed with the city council, shall contain a recital of the facts which are claimed to support the vested rights claim, and shall contain such other information as the director may specify.

(G)

A public hearing shall be held by the city council on an application for a vested rights determination after giving the notice required by section 11-300.

(H)

A stenographic transcript of the public hearing and the deliberations of the city council on vested rights applications shall be kept.

(I)

Within 30 days after the public hearing on an application the city council shall file its written findings of fact and conclusions and serve the same by certified mail on the applicant.

(J)

Any determination made by the city council with respect to the vesting of development rights shall be the minimum necessary to provide the applicant with a reasonable rate of return on his investment made before a notice of rezoning in progress with respect to his property.

(K)

A determination of the city council with respect to the vested rights under this section 1-600 shall expire and be of no further force or effect unless construction is actually commenced within one year of the date the determination is made and thereafter diligently pursued.

(L)

Any person, firm or corporation claiming a vested right to commence and complete a specific proposed development who does not file an application for a determination under this section 1-600 within six months of June 24, 1992 of the rezoning of his property that prohibits his proposed development shall be deemed to have waived his right to seek such a determination.

(M)

In the event an application is filed under this section 1-600, the date of a decision on said application will be considered the date of the decision adopting the ordinance against which a vested right is claimed for purposes of Code of Virginia, § 15.1-493(G).

(A)

This ordinance establishes the following zones, listed below in the order of their restrictiveness, with the most restrictive zone listed first:

POS/Public Open Space and Community Recreation Zone

WPR/Waterfront Park and Recreation Zone

R-20/Residential Zone

R-12/Residential Zone

R-8/Residential Zone

R-5/Residential Zone

R-2-5/Residential Zone

RS/Townhouse Zone

RT/Townhouse Zone

RMF/Residential Multi-unit Zone

RM/Townhouse Zone

RA/Multi-unit Zone

RB/Townhouse Zone

RCX/Medium Density Apartment Zone

RC/High Density Apartment Zone

RD/High Density Apartment Zone

CL/Commercial Low Zone

CC/Commercial Community Zone

CSL/Commercial Service Low Zone

CG/Commercial General Zone

CR/Commercial Regional Zone

OC/Office Commercial Zone

OCM(50)/Office Commercial Medium Zone

OCM(100)/Office Commercial Medium Zone

CRMU-L/Commercial Residential Mixed Use (Low) Zone

CRMU-M/Commercial Residential Mixed Use (Medium) Zone

W-1/Waterfront Mixed Use Zone

CRMU-H/Commercial Residential Mixed Use (High) Zone

CD/Commercial Downtown Zone

CDX/Commercial Downtown Zone (Old Town North)

CRMU-X/Commercial Residential Mixed Use (Old Town North)

OCH/Office Commercial High Zone

CDD/Coordinated Development District

I/Industrial Zone

UT/Utilities and Transportation

(B)

This ordinance also establishes the following as overlay zones:

Chesapeake Bay Preservation Area Overlay District

Floodplain District

Height Districts

Old and Historic Alexandria District

Parker-Gray District

Urban Overlay District

(Ord. No. 5300, § 1, 10-17-20; Ord. No. 5515, § 1, 12-16-23)