The intent of the CRMU-L zone is to establish a zoning classification which permits developments that include a mixture of residential, commercial, cultural, and institutional uses in a single structure or multiple but integrated and related structures; to encourage the conservation of land resources, the minimization of automobile travel and the location of employment and retail centers in proximity to housing; and to promote the development of mixed use projects by allowing greater densities than would otherwise be permitted to the extent the proposed mix of uses, design and location warrant.

The following uses are permitted in the CRMU-L zone:

(A)

Single-unit dwelling;

(A.1)

Two-unit dwelling;

(A.2)

Townhouse dwelling;

(B)

Multi-unit dwelling;

(B.1)

Auxiliary dwellings, not to exceed four units;

(C)

Business and professional office;

(C.1)

Church;

(C.2)

Day care center;

(C.3)

Health and athletic club or fitness studio;

(D)

Medical laboratory;

(E)

Health profession office;

(E.1)

Motor vehicle parking or storage for 20 vehicles or fewer;

(E.2)

Outdoor dining located on private property at a commercial complex;

(F)

Personal service establishment;

(F.1)

Private school, commercial;

(F.2)

Public school;

(G)

Radio or television broadcasting office and studio;

(G.1)

Recreation and entertainment use, indoor;

(G.2)

Restaurant located within a commercial complex or hotel;

(H)

Retail shopping establishment, up to 20,000 gross square feet;

(H.1)

Social service use;

(I)

Utilities, as permitted by section 7-1200;

(J)

Accessory uses, as permitted by section 7-100.

The following uses may be allowed in the CRMU-L zone with administrative approval, subject to section 11-513 of this ordinance:

(A)

Co-living dwelling, not to exceed two units;

(B)

Outdoor dining on private property;

(C)

Outdoor garden center;

(D)

Outdoor market;

(E)

Restaurant;

(F)

Valet parking.

The following uses may be approved, pursuant to the procedures and regulations for special use permits and subject to the criteria of section 5-109 below:

(A)

Any use with live entertainment;

(B)

Reserved;

(B.1)

Bus shelter on private property;

(C)

Co-living dwelling, other than pursuant to section 5-102.1;

(D)

Congregate housing facility;

(E)

Continuum of care facility;

(F)

Reserved;

(G)

Drive through facility;

(H)

Food or beverage production exceeding 5,000 square feet, which includes a retail component;

(I)

Reserved;

(J)

Hotel;

(J.1)

Medical care facility;

(K)

Motor vehicle parking or storage for more than 20 vehicles;

(K.1)

Outdoor dining on private property, other than pursuant to sections 5-102 and 5-102.1;

(K.2)

Outdoor market, other than pursuant to section 5-102.1;

(K.3)

Outdoor garden center, other than pursuant to section 5-102.1;

(L)

Nursing or convalescent home or hospice;

(M)

Private school, academic, with more than 20 students on the premises at one time;

(N)

Recreation and entertainment use, outdoor;

(O)

Retail shopping establishment, larger than 20,000 gross square feet.

Any use which is not a permitted, special or accessory use pursuant to this section 5-100 is prohibited.

The permitted floor area ratio of a development in the CRMU-L zone depends on whether a single use or mixture of uses is proposed and whether a special use permit is sought.

(A)

Single use. If a parcel is developed for only commercial use or for only residential use, the maximum permitted floor area ratio is:

(1)

Commercial: .75, or

(2)

Residential: 1.0, except that for single-unit, two-unit, and townhouse dwellings within the Old and Historic Alexandria and Parker-Gray Districts, the maximum permitted floor area ratio is 1.50.

(B)

Mixed use.  If a parcel is developed for both commercial and residential use, and the residential use constitutes at least 25 percent of the floor space of the development, the maximum permitted floor area ratio is 1.0.

(C)

Mixed use or residential/SUP.  If at least 50 percent of the floor space of the proposed development is for residential use and a special use permit is approved, the maximum permitted floor area ratio may be increased to an amount not to exceed 1.5.

(D)

Continuum of care facility. The maximum permitted floor area ratio is 1.0 including .25 of retail use, and a maximum of 50 percent of the floor space of the proposed development may be residential use. Except that, if a special use permit is approved, the maximum floor area ratio may be increased to an amount not to exceed 1.5 and a maximum of 70 percent of the floor space of the proposed development may be residential use.

The maximum permitted height of buildings is that height indicated in the applicable small area plan.

(A)

Each residential use or residential portion of a mixed use development shall provide a minimum of 35 percent of land area as open and usable space; provided however that a portion of the space which would otherwise be required as green area may be met by comparable amenities and/or facilities provided in lieu thereof if such amenities or facilities meet or exceed the beneficial purposes which such green areas would accomplish. A determination by the director or by council in the case of a special use permit shall be made in each case as to whether the open space provided, in addition to meeting the technical definition of open space, is functional and usable.

(B)

Continuum of care facilities shall provide a minimum of 25 percent of land area as open and usable space, the location and shape of which shall be subject to the director's determination that it is functional and usable space for residents, visitors and other persons. Such open space may be located on landscaped roofs or other areas fully open to the sky which are not at ground level if the director determines that such space functions as open space for residents to the same extent that ground level open space would.

The following rules shall apply for the purpose of calculating the mix of uses under section 5-105.

(A)

The following uses shall be considered retail:

(1)

Recreation and entertainment use;

(2)

Health and athletic club or fitness studio;

(3)

Restaurant.

(B)

Hotel and nursing or convalescent home or hospice uses shall be considered commercial.

(C)

Commercial use shall include all floor space which is not residential.

In addition to the above regulations and the procedures and criteria for special use permits generally, city council shall consider the following in determining whether to approve a special use permit for mixed use development:

(A)

The number, viability and compatibility of the individual uses proposed and their physical and functional integration.

(B)

The ability of the design to promote the integration of uses within the project and to promote compatibility of the project with the neighborhood.

(C)

The inclusion of site amenities, open space and features, supporting uses and community and cultural facilities in a manner which encourages pedestrian use and promotes internal compatibility of uses.

(D)

The distribution of floor area ratio over the site so that the mass and scale of buildings do not overwhelm and are compatible with neighboring areas.

(E)

The mixed use character of the proposed development such that the project's dominant character is not commercial.

(A)

A day care center or commercial school shall obtain all required state, federal and local licenses and certificates prior to opening its place of business.

(B)

A day care center shall submit for the director's review a pick-up and drop-off plan that adequately ensures the safe transfer of children and creates minimal impact on pedestrian and vehicular traffic. The day care center must obtain approval of the plan prior to opening its place of business.

(C)

The placement or construction of items that block the visibility through windows of the interior of the commercial space from the street and sidewalk, including, but not limited to, walls, window film, storage cabinets, carts, shelving, boxes, coat racks, storage bins, and closets, shall be prohibited. All windows shall remain transparent. This is not intended to prevent retailers from displaying their goods in display cases that are oriented towards the street frontage.

(D)

All operations, including storage, shall be conducted within a completely enclosed building with the exception of outdoor uses pursuant to this section 5-100 and City Code section 5-2-29, as applicable.

(D.1)

Outdoor dining and outdoor retail display and sales in a parklet shall comply with the requirements of section 7-1500.

(D.2)

Outdoor display and sales of retail merchandise is permitted on a public sidewalk immediately in front of an associated storefront for a retail use:

(1)

During business operational hours;

(2)

Allowing for a minimum of five feet clearance on the sidewalk for pedestrian traffic; and

(3)

In accordance with section 5-2-29 of the City Code.

(E)

Retail shopping establishments with a principal use selling tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking are prohibited on property within 1,000 linear feet of a child day care center, or a public or private academic early childhood, elementary, middle, or high school. Any such use in operation prior to July 1, 2024, may continue to operate at its existing location, but Article XII does not apply.

(A)

Lot size. Each single-unit dwelling shall be located on a lot with a minimum land area of 5,000 square feet. In the case of a two-unit dwelling, the lot shall contain 2,500 square feet of land area for each dwelling unit.

(B)

Frontage. When measured at both the front lot line and the front building line, each single-unit and two-unit duplex dwelling requires a minimum of 50 feet of frontage, and a two-unit semi-detached dwelling requires a minimum frontage of 25 feet for each dwelling unit.

(C)

Yards.

(1)

Front yards. For each residential use, the required front yard shall be between the range established by the front yards within the contextual block face. If the minimum front yard, including the front yard of the property in question, within this range exceeds 20 feet, a residential use shall provide a front yard of at least 20 feet.

(2)

Side yards. Each residential use shall provide two side yards, each based on a setback ratio of 1:3 and a minimum of eight feet. For townhouse dwellings, the side yard requirement shall only apply to interior end lots wider than 25 feet. No side yards shall be required on lots less than 25 feet wide.

(3)

Rear yards. Each residential use shall provide a rear yard based on a 1:1 setback ratio and a minimum of eight feet.

(D)

Mixed use.  When a development includes both residential and nonresidential uses, the residential lot size, frontage and yard regulations shall be applicable to the residential component of the development.

Up to four auxiliary dwelling units are permitted and shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone. Such dwellings shall comply with section 8-200(A)(16) for parking and where parking is required spaces may be compact size or tandem. Auxiliary dwellings are allowed behind a first floor commercial use, if the depth of the building is more than 50 feet measured from the front building wall and the building is setback no further than 30 feet from front property line.

Up to two co-living dwellings shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone, and each such co-living dwelling shall provide the parking required under section 8-200(A)(22). For proposals with greater than two co-living dwellings, each will be counted as a dwelling unit subject to the same area and bulk regulations as multi-unit dwellings in this zone.

(Ord. No. 3612, §§ 1, 2, 1-23-93; Ord. No. 3629, §§ 1—4, 5-15-93; Ord. No. 3912, §§ 3, 4, 1-25-97; Ord. No. 3946, § 2, 6-24-97; Ord. No. 4280, §§ 1, 4, 11-16-02; Ord. No. 4573, § 1, 12-13-08; Ord. No. 4677, § 4, 6-22-10; Ord. No. 4843, § 2, 11-16-13; Ord. No. 5035, § 1, 6-28-16; Ord. No. 5155, §§ 43—45, 6-26-18; Ord. No. 5259, §§ 43—45, 12-14-19; Ord. No. 5303, § 4, 10-17-20; Ord. No. 5321, § 15, 1-23-21; Ord. No. 5383, § 17, 11-13-21; Ord. No. 5405, § 4, 2-12-22; Ord. No. 5449, § 3, 9-17-22; Ord. No. 5490, § 4, 5-13-23; Ord. No. 5515, § 5, 12-16-23; Ord. No. 5529, § 4, 4-13-24; Ord. No. 5566, § 4, 12-14-24; Ord. No. 5593, § 3, 6-14-25)

The intent of the CRMU-M zone is to establish a zoning classification which permits developments that include a mixture of residential, commercial, cultural, and institutional uses in a single structure or multiple but integrated and related structures; to encourage a diversification of uses in unified projects located in proximity to metro stations in order to encourage the conservation of land resources, minimization of automobile travel, and the location of employment and retail centers in proximity to housing; and to promote the development of mixed use projects by allowing greater densities than would otherwise be permitted to the extent the proposed mix of uses, design and location of the development warrant.

The following uses are permitted in the CRMU-M zone:

(A)

Single-unit dwelling;

(A.1)

Two-unit dwelling;

(A.2)

Townhouse dwelling;

(B)

Multi-unit dwelling;

(B.1)

Auxiliary dwellings, not to exceed four units;

(C)

Business and professional office;

(C.1)

Church;

(C.2)

Day care center;

(C.3)

Health and athletic club or fitness studio;

(D)

Medical laboratory;

(E)

Health profession office;

(E.1)

Motor vehicle parking or storage for 20 vehicles or fewer;

(E.2)

Outdoor dining located on private property at a commercial complex;

(F)

Personal service establishment;

(F.1)

Private school, commercial;

(F.2)

Public school;

(G)

Radio or television broadcasting office and studio;

(G.1)

Recreation and entertainment use, indoor;

(G.2)

Restaurant located within a commercial complex or hotel;

(H)

Retail shopping establishment, up to 20,000 gross square feet;

(H.1)

Social service use;

(I)

Utilities, as permitted by section 7-1200;

(J)

Accessory uses, as permitted by section 7-100.

The following uses may be allowed in the CRMU-M zone with administrative approval, subject to section 11-513 of this ordinance:

(A)

Co-living dwelling, not to exceed two units;

(B)

Outdoor dining on private property;

(C)

Outdoor garden center;

(D)

Outdoor market;

(E)

Restaurant;

(F)

Valet parking.

The following uses may be approved, pursuant to the procedures and regulations for special use permits and subject to the criteria of section 5-209 below:

(A)

Any use with live entertainment;

(B)

Reserved;

(B.1)

Bus shelter on private property;

(C)

Co-living dwelling, other than pursuant to section 5-202.1;

(D)

Congregate housing facility;

(E)

Continuum of care facility;

(F)

Reserved;

(G)

Drive through facility;

(H)

Food or beverage production exceeding 5,000 square feet, which includes a retail component;

(I)

Reserved;

(J)

Hotel;

(J.1)

Medical care facility;

(K)

Motor vehicle parking or storage for more than 20 vehicles;

(L)

Nursing or convalescent home or hospice;

(L.1)

Outdoor dining on private property, other than pursuant to sections 5-202 and 5-202.1;

(L.2)

Outdoor market, other than pursuant to section 5-202.1;

(L.3)

Outdoor garden center, other than pursuant to section 5-202.1;

(M)

Private school, academic, with more than 20 students on the premises at one time;

(N)

Recreation and entertainment use, outdoor;

(O)

Retail shopping establishment, larger than 20,000 gross square feet.

Any use which is not a permitted, special or accessory use pursuant to this section 5-200 is prohibited.

The permitted floor area ratio of a development in the CRMU-M zone depends on whether a single use or mixture of uses is proposed and whether a special use permit is sought.

(A)

Single use. If a parcel is developed for only commercial use or for only residential use, the maximum permitted floor area ratio is:

(1)

Commercial: .75 FAR, or

(2)

Residential: 1.0, except that for single-unit, two-unit, and townhouse dwellings within the Old and Historic Alexandria and Parker-Gray Districts, the maximum permitted floor area ratio is 1.50.

In the case of either (1) or (2), an additional .25 of retail use is permitted.

(B)

Mixed use. If a parcel is developed for both commercial and residential use, and the residential use constitutes at least 25 percent of the floor space of the development, the maximum permitted floor area ratio is 1.0 plus an additional .25 of retail use.

(C)

Mixed use or residential/SUP. If at least 50 percent of the floor space of the proposed development is for residential use and if the commercial use within such a development does not exceed a floor area ratio of .75, then, with a special use permit, the maximum permitted floor area ratio may be increased to an amount not to exceed 2.0.

(D)

Continuum of care facility. The maximum permitted floor area ratio is 1.25 including .25 of retail use, and a maximum of 50 percent of the floor space of the proposed development may be residential use. Except that, if a special use permit is approved, the maximum floor area ratio may be increased to an amount not to exceed 2.0 and a maximum of 70 percent of the floor space of the proposed development may be residential use.

The maximum permitted height of buildings is that height indicated in the applicable small area plan.

(A)

Each residential use or residential portion of a mixed use development shall provide a minimum of 35 percent of land area as open and usable space; provided however that a portion of the space which would otherwise be required as green area may be met by comparable amenities and/or facilities provided in lieu thereof if such amenities or facilities meet or exceed the beneficial purposes which such green areas would accomplish. A determination by the director or by council in the case of a special use permit shall be made in each case as to whether the open space provided, in addition to meeting the technical definition of open space, is functional and usable.

(B)

Continuum of care facilities shall provide a minimum of 25 percent of land area as open and usable space, the location and shape of which shall be subject to the director's determination that it is functional and usable space for residents, visitors and other persons. Such open space may be located on landscaped roofs or other areas fully open to the sky which are not at ground level if the director determines that such space functions as open space for residents to the same extent that ground level open space would.

The following rules shall apply for the purpose of calculating the mix of uses under section 5-205.

(A)

The following uses shall be considered retail:

(1)

Recreation and entertainment use;

(2)

Health and athletic club or fitness studio;

(3)

Restaurant.

(B)

Hotel and nursing or convalescent home or hospice uses shall be considered commercial.

(C)

Commercial use shall include all floor space which is not residential.

In addition to the above regulations and the procedures and criteria for special use permits generally, city council shall consider the following in determining whether to approve a special use permit for mixed use development:

(A)

The number, viability and compatibility of the individual uses proposed and their physical and functional integration.

(B)

The ability of the design to promote the integration of uses within the project and to promote compatibility of the project with the neighborhood.

(C)

The inclusion of site amenities, open space and features, supporting uses and community and cultural facilities in a manner which encourages pedestrian use and promotes internal compatibility of uses.

(D)

The distribution of floor area ratio over the site so that the mass and scale of buildings do not overwhelm and are compatible with neighboring areas.

(E)

The mixed use character of the proposed development such that the project's dominant character is not commercial.

(A)

A day care center or commercial school shall obtain all required state, federal and local licenses and certificates prior to opening its place of business.

(B)

A day care center shall submit for the director's review a pick-up and drop-off plan that adequately ensures the safe transfer of children and creates minimal impact on pedestrian and vehicular traffic. The day care center must obtain approval of the plan prior to opening its place of business.

(C)

The placement or construction of items that block the visibility through windows of the interior of the commercial space from the street and sidewalk, including, but not limited to, walls, window film, storage cabinets, carts, shelving, boxes, coat racks, storage bins, and closets, shall be prohibited. All windows shall remain transparent. This is not intended to prevent retailers from displaying their goods in display cases that are oriented towards the street frontage.

(D)

All operations, including storage, shall be conducted within a completely enclosed building with the exception of outdoor uses pursuant to this section 5-200 and City Code section 5-2-29, as applicable.

(E)

Retail shopping establishments with a principal use selling tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking are prohibited on property within 1,000 linear feet of a child day care center, or a public or private academic early childhood, elementary, middle, or high school. Any such use in operation prior to July 1, 2024, may continue to operate at its existing location, but Article XII does not apply.

(A)

Lot size. Each single-unit dwelling shall be located on a lot with a minimum land area of 5,000 square feet. In the case of a two-unit dwelling, the lot shall contain 2,500 square feet of land area for each dwelling unit.

(B)

Frontage. When measured at both the front lot line and the front building line, each single- and two-unit duplex dwelling requires a minimum of 50 feet of frontage, and a two-unit semi-detached dwelling requires a minimum frontage of 25 feet for each dwelling unit.

(C)

Yards.

(1)

Front yards. For each residential use, the required front yard shall be between the range established by the front yards within the contextual block face. If the minimum front yard, including the front yard of the property in question, within this range exceeds 20 feet, a residential use shall provide a front yard of at least 20 feet.

(2)

Side yards. Each residential use shall provide two side yards, each based on a setback ratio of 1:3 and a minimum of eight feet. For townhouse dwellings, the side yard requirement shall only apply to interior end lots wider than 25 feet. No side yards shall be required on lots less than 25 feet wide.

(3)

Rear yards. Each residential use shall provide a rear yard based on a 1:1 setback ratio and a minimum of eight feet.

(D)

Mixed use. When a development includes both residential and nonresidential uses, the residential lot size, frontage and yard regulations shall be applicable to the residential component of the development.

Up to four auxiliary dwelling units are permitted and shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone. Such dwellings shall comply with section 8-200(A)(16) for parking and where parking is required spaces may be compact size or tandem. Auxiliary dwellings are allowed behind a first floor commercial use, if the depth of the building is more than 50 feet measured from the front building wall and the building is setback no further than 30 feet from front property line.

Up to two co-living dwellings shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone, and each such co-living dwelling shall provide the parking required under section 8-200(A)(22). For proposals with greater than two co-living dwellings, each will be counted as a dwelling unit subject to the same area and bulk regulations as multi-unit dwellings in this zone.

(Ord. No. 3612, §§ 1, 2, 1-23-93; Ord. No. 3629, §§ 1—4, 5-15-93; Ord. No. 3753, § 1, 9-27-94; Ord. No. 3912, §§ 3, 4, 1-25-97; Ord. No. 3946, § 2, 6-24-97; Ord. No. 4280, §§ 1, 4, 11-16-02; Ord. No. 4573, § 1, 12-13-08; Ord. No. 4677, § 4, 6-22-10; Ord. No. 4843, § 2, 11-16-13; Ord. No. 5035, § 1, 6-28-16; Ord. No. 5155, §§ 46—48, 6-26-18; Ord. No. 5259, §§ 46—48, 12-14-19; Ord. No. 5303, § 4, 10-17-20; Ord. No. 5321, § 16, 1-23-21; Ord. No. 5383, § 18, 11-13-21; Ord. No. 5405, § 4, 2-12-22; Ord. No. 5449, § 3, 9-17-22; Ord. No. 5490, § 4, 5-13-23; Ord. No. 5515, § 5, 12-16-23; Ord. No. 5529, § 4, 4-13-24; Ord. No. 5566, § 4, 12-14-24; Ord. No. 5593, § 3, 6-14-25)

The intent of the CRMU-H zone is to establish a zoning classification which permits developments that include a mixture of residential, commercial, cultural, and institutional uses in a single structure or multiple but integrated and related structures; to encourage a diversification of uses in unified projects located in proximity to metro stations in order to encourage the conservation of land resources, minimization of automobile travel, and the location of employment and retail centers in proximity to housing; and to promote the development of mixed use projects by allowing greater densities than would otherwise be permitted to the extent the proposed mix of uses, design and location of the development warrant.

The following uses are permitted in the CRMU-H zone:

(A)

Single-unit dwelling;

(A.1)

Two-unit dwelling;

(A.2)

Townhouse dwelling;

(B)

Multi-unit dwelling;

(B.1)

Auxiliary dwelling, not to exceed four units;

(C)

Business and professional office;

(C.1)

Church;

(C.2)

Day care center;

(C.3)

Health and athletic club or fitness studio;

(D)

Medical laboratory;

(E)

Health profession office;

(E.1)

Motor vehicle parking or storage for 20 vehicles or fewer;

(E.2)

Outdoor dining located on private property at a commercial complex;

(F)

Personal service establishment;

(F.1)

Private school, commercial;

(F.2)

Public school;

(G)

Radio or television broadcasting office and studio;

(G.1)

Recreation and entertainment use, indoor;

(G.2)

Restaurant located within a commercial complex or hotel;

(H)

Retail shopping establishment, up to 20,000 gross square feet;

(H.1)

Social service use;

(I)

Utilities, as permitted by section 7-1200;

(J)

Accessory uses, as permitted by section 7-100.

The following uses may be allowed in the CRMU-H zone with administrative approval, subject to section 11-513 of this ordinance:

(A)

Co-living dwelling, not to exceed two units;

(B)

Outdoor dining on private property;

(C)

Outdoor garden center;

(D)

Outdoor market;

(E)

Restaurant;

(F)

Valet parking.

The following uses may be approved, pursuant to the procedures and regulations for special use permits and subject to the criteria of section 5-309 below:

(A)

Any use with live entertainment;

(B)

Reserved;

(B.1)

Bus shelter on private property;

(C)

Co-living dwelling, other than pursuant to section 5-302.1;

(D)

Congregate housing facility;

(E)

Continuum of care facility;

(F)

Reserved;

(G)

Drive through facility;

(H)

Food or beverage production exceeding 5,000 square feet, which includes a retail component;

(I)

Reserved;

(I.1)

Homeless shelter;

(J)

Hotel;

(J.1)

Medical care facility;

(K)

Motor vehicle parking or storage for more than 20 vehicles;

(L)

Nursing or convalescent home or hospice;

(L.1)

Outdoor dining on private property, other than pursuant to sections 5.302 and 5-302.1;

(L.2)

Outdoor market, other than pursuant to section 5-202.1;

(L.3)

Outdoor garden center, other than pursuant to section 5-202.1;

(M)

Private school, academic, with more than 20 students on the premises at one time;

(N)

Recreation and entertainment use, outdoor;

(O)

Retail shopping establishment, larger than 20,000 gross square feet.

Any use which is not a permitted, special or accessory use pursuant to this section 5-300 is prohibited.

The permitted floor area ratio of a development in the CRMU-H zone depends on whether a single use or mixture of uses is proposed and whether a special use permit is sought.

(A)

Single use. If a parcel is developed for only commercial use or for only residential use, the maximum permitted floor area ratio is:

(1)

Commercial: 1.25, or

(2)

Residential: 1.0, except that for single-unit, two-unit, and townhouse dwellings within the Old and Historic Alexandria and Parker-Gray Districts, the maximum permitted floor area ratio is 1.50.

In the case of either (1) or (2), an additional .25 of retail use is permitted.

(B)

Mixed use. If a parcel is developed for both commercial and residential use, and the residential use constitutes at least 25 percent of the floor space of the development, the maximum permitted floor area ratio is 1.25 plus an additional .25 of retail use.

(C)

Mixed use or residential/SUP. If at least 50 percent of the floor space of the proposed development is for residential use and if the commercial use within such a development does not exceed a floor area ratio of 1.25, then, with a special use permit, the maximum permitted floor area ratio may be increased to an amount not to exceed 2.5.

(D)

Continuum of care facility. The maximum permitted floor area ratio is 1.5 including .25 of retail use, and a maximum of 50 percent of the floor space of the proposed development may be residential use. Except that, if a special use permit is approved, the maximum floor area ratio may be increased to an amount not to exceed 2.5 and a maximum of 70 percent of the floor space of the proposed development may be residential use.

The maximum permitted height of buildings is that height indicated in the applicable small area plan.

(A)

Each residential use or residential portion of a mixed use development shall provide a minimum of 35 percent of land area as open and usable space; provided however that a portion of the space which would otherwise be required as green area may be met by comparable amenities and/or facilities provided in lieu thereof if such amenities or facilities meet or exceed the beneficial purposes which such green areas would accomplish. A determination by the director or by council in the case of a special use permit shall be made in each case as to whether the open space provided, in addition to meeting the technical definition of open space, is functional and usable.

(B)

Continuum of care facilities shall provide a minimum of 25 percent of land area as open and usable space, the location and shape of which shall be subject to the director's determination that it is functional and usable space for residents, visitors and other persons. Such open space may be located on landscaped roofs or other areas fully open to the sky which are not at ground level if the director determines that such space functions as open space for residents to the same extent that ground level open space would.

The following rules shall apply for the purpose of calculating the mix of uses under section 5-305.

(A)

The following uses shall be considered retail:

(1)

Recreation and entertainment use, outdoor;

(2)

Health and athletic club or fitness studio;

(3)

Restaurant.

(B)

Hotel, nursing or convalescent home, hospice or homeless shelter use shall be considered commercial.

(C)

Commercial use shall include all floor space which is not residential.

In addition to the above regulations and the procedures and criteria for any special use permit, city council shall consider the following in determining whether to approve a special use permit for mixed use development:

(A)

The number, viability and compatibility of the individual uses proposed and their physical and functional integration.

(B)

The ability of the design to promote the integration of uses within the project and to promote compatibility of the project with the neighborhood.

(C)

The inclusion of site amenities, open space and features, supporting uses and community and cultural facilities in a manner which encourages pedestrian use and promotes internal compatibility of uses.

(D)

The distribution of floor area ratio over the site so that the mass and scale of buildings do not overwhelm and are compatible with neighboring areas.

(E)

The mixed use character of the proposed development such that the project's dominant character is not commercial.

(A)

A day care center or commercial school shall obtain all required state, federal and local licenses and certificates prior to opening its place of business.

(B)

A day care center shall submit for the director's review a pick-up and drop-off plan that adequately ensures the safe transfer of children and creates minimal impact on pedestrian and vehicular traffic. The day care center must obtain approval of the plan prior to opening its place of business.

(C)

The placement or construction of items that block the visibility through windows of the interior of the commercial space from the street and sidewalk, including, but not limited to, walls, window film, storage cabinets, carts, shelving, boxes, coat racks, storage bins, and closets, shall be prohibited. All windows shall remain transparent. This is not intended to prevent retailers from displaying their goods in display cases that are oriented towards the street frontage.

(D)

All operations, including storage, shall be conducted within a completely enclosed building with the exception of outdoor uses pursuant to this section 5-300 and City Code section 5-2-29, as applicable.

(E)

Retail shopping establishments with a principal use selling tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking are prohibited on property within 1,000 linear feet of a child day care center, or a public or private academic early childhood, elementary, middle, or high school. Any such use in operation prior to July 1, 2024, may continue to operate at its existing location, but Article XII does not apply.

(A)

Lot size. Each single-unit dwelling shall be located on a lot with a minimum land area of 5,000 square feet. In the case of a two-unit dwelling, the lot shall contain 2,500 square feet of land area for each dwelling unit.

(B)

Frontage. When measured at both the front lot line and the front building line, each single-unit and two-unit duplex dwelling requires a minimum of 50 feet of frontage, and a two-unit semi-detached dwelling requires a minimum frontage of 25 feet for each dwelling unit.

(C)

Yards.

(l)

Front yards. For each residential use, the required front yard shall be between the range established by the front yards within the contextual block face. If the minimum front yard, including the front yard of the property in question, within this range exceeds 20 feet, a residential use shall provide a front yard of at least 20 feet.

(2)

Side yards. Each residential use shall provide two side yards, each based on a setback ratio of 1:3 and a minimum of eight feet. For townhouse dwellings, the side yard requirement shall only apply to interior end lots wider than 25 feet. No side yards shall be required on lots less than 25 feet wide.

(3)

Rear yards. Each residential use shall provide a rear yard based on a 1:1 setback ratio and a minimum of eight feet.

(D)

Mixed use. When a development includes both residential and nonresidential uses, the residential lot size, frontage and yard regulations shall be applicable to the residential component of the development.

Up to four auxiliary dwelling units are permitted and shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone. Such dwellings shall comply with section 8-200(A)(16) for parking and where parking is required spaces may be compact size or tandem. Auxiliary dwellings are allowed behind a first floor commercial use, if the depth of the building is more than 50 feet measured from the front building wall and the building is setback no further than 30 feet from front property line.

Up to two co-living dwellings shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone, and each such co-living dwelling shall provide the parking required under section 8-200(A)(22). For proposals with greater than two co-living dwellings, each will be counted as a dwelling unit subject to the same area and bulk regulations as multi-unit dwellings in this zone.

(Ord. No. 3612, §§ 1, 2, 1-23-93; Ord. No. 3629, §§ 1—4, 5-15-93; Ord. No. 3753, § 1, 9-27-94; Ord. No. 3912, §§ 3, 4, 1-25-97; Ord. No. 3946, § 2, 6-24-97; Ord. No. 3980, §§ 1, 2, 3-14-98; Ord. No. 4280, §§ 1, 4, 11-16-02; Ord. No. 4573, § 1, 12-13-08; Ord. No. 4677, § 4, 6-22-10; Ord. No. 4843, § 2, 11-16-13; Ord. No. 5035, § 1, 6-28-16; Ord. No. 5155, §§ 49—51, 6-26-18; Ord. No. 5259, §§ 49—51, 12-14-19; Ord. No. 5303, § 4, 10-17-20; Ord. No. 5321, § 17, 1-23-21; Ord. No. 5383, § 19, 11-13-21; Ord. No. 5405, § 4, 2-12-22; Ord. No. 5449, § 3, 9-17-22; Ord. No. 5490, § 4, 5-13-23; Ord. No. 5515, § 5, 12-16-23; Ord. No. 5529, § 4, 4-13-24; Ord. No. 5566, § 4, 12-14-24; Ord. No. 5593, § 3, 6-14-25)

The intent of the CRMU-X zone is to establish a zoning classification which permits developments that include a mixture of residential, commercial, cultural, and institutional uses in a single structure or multiple but integrated and related structures; to encourage the conservation of land resources, the minimization of automobile travel and the location of employment and retail centers in proximity to housing; to promote the development of mixed use projects by allowing greater densities than would otherwise be permitted to the extent the proposed mix of uses, design and location warrant; and to promote redevelopment while maintaining a substantial amount of residential uses in the Old Town North area.

The following uses are permitted in the CRMU-X zone:

(A)

Single-unit dwelling;

(A.1)

Two-unit dwelling;

(A.2)

Townhouse dwelling;

(A.3)

Auxiliary dwelling, not to exceed four units;

(A.3.1)

Church;

(A.4)

Motor vehicle parking or storage for 20 vehicles or fewer;

(A.5)

Day care center;

(A.6)

Personal service establishment;

(A.7)

Private school, commercial;

(A.8)

Public school;

(A.9)

Recreation and entertainment use, indoor;

(A.9.1)

Restaurant within a commercial complex or hotel;

(A.10)

Retail shipping establishment, up to 20,000 gross square feet;

(A.11)

Multi-unit dwelling;

(B)

Utilities, subject to section 7-1200;

(C)

Accessory uses, as permitted by section 7-100;

(D)

Business and professional office, above the ground floor;

(E)

Health profession office, above the ground floor;

(F)

Health and athletic club or fitness studio;

(G)

Social service use;

(H)

Outdoor dining located on private property within a commercial complex.

The following uses may be allowed in the CRMU-X zone with administrative approval, subject to section 11-513 of this ordinance:

(A)

Co-living dwelling, not to exceed two units;

(B)

Outdoor dining on private property;

(C)

Outdoor garden center;

(D)

Outdoor market;

(E)

Restaurant;

(F)

Valet parking.

The following uses may be approved, subject to the procedures and regulations for special use permits and subject to the limitations of section 5-609 below:

(A)

Multi-unit dwelling;

(B)

Any use with live entertainment;

(C)

Reserved;

(D)

Business and professional office, on the ground floor of buildings facing the sidewalk;

(E)

Bus shelter on private property;

(E.1)

Co-living dwelling, other than pursuant to section 5-402.1;

(F)

Congregate housing facility;

(G)

Continuum of care facility;

(H)

Food or beverage production exceeding 5,000 square feet, which includes a retail component;

(I)

Fraternal or private club;

(J)

Reserved;

(K)

Health profession office, on the ground floor of buildings facing the sidewalk;

(L)

Hotel;

(M)

Medical care facility;

(N)

Medical laboratory;

(O)

Reserved;

(O.1)

Motor vehicle parking or storage for more than 20 vehicles;

(P)

Nursing or convalescent home or hospice;

(P.1)

Outdoor dining on private property, other than pursuant to sections 5-402 and 5-402.1;

(P.2)

Outdoor market, other than pursuant to section 5-402.1;

(P.3)

Outdoor garden center, other than pursuant to section 5-402.1;

(Q)

Reserved;

(R)

Reserved;

(S)

Private school, academic, with more than 20 students on the premises at one time;

(T)

Public building;

(U)

Radio or television broadcasting office and studio;

(V)

Recreation and entertainment use, outdoor;

(W)

Retail shopping establishment, larger than 20,000 gross square feet.

(A)

Townhouse development.

(1)

Lot size. Each townhouse development shall provide a minimum land area of 1,452 square feet per dwelling unit.

(2)

Frontage. For townhouse dwellings, the minimum lot width at the front building line and the minimum lot frontage at the front lot line shall be 18 feet for interior lots; provided however that the planning commission may approve a lot width reduction on an interior lot to a minimum of 15 feet where the commission finds the reduction necessary and appropriate and:

(a)

Three or more townhouses are being developed contemporaneously; and

(b)

The average lot width and lot frontage in the development is at least 18 feet.

(3)

Yards. Each townhouse dwelling shall provide a rear yard based on a 1:2 setback ratio and a minimum of 16 feet; and side yards for interior end lots wider than 25 feet based on a 1:3 setback ratio and a minimum of eight feet. No side yards shall be required on lots less than 25 feet wide.

(B)

Single- and two-unit development.

(1)

Lot size. Each single-unit dwelling shall be located on a lot with a minimum land area of 5,000 square feet. In the case of a two-unit dwelling, the lot shall contain 2,500 square feet of land area for each dwelling unit.

(2)

Frontage. When measured at both the front lot line and the front building line, each single-unit and two-unit duplex dwelling requires a minimum of 50 feet of frontage, and a semi-detached dwelling requires a minimum frontage of 25 feet for each dwelling unit.

(3)

Yards. For residential uses the following yard requirements apply:

(a)

Front yards. For each residential use, the required front yard shall be between the range established by the front yards within the contextual block face. If the minimum front yard, including the front yard of the property in question, within this range exceeds 20 feet, a residential use shall provide a front yard of at least 20 feet.

(b)

Side yards. Each residential use shall provide two side yards, each based on a setback ratio of 1:3 and a minimum of eight feet. No side yards shall be required on lots less than 25 feet wide.

(c)

Rear yards. Each residential use shall provide a rear yard based on a 1:1 setback ratio and a minimum of eight feet.

(C)

Mixed use. When a development includes both residential and nonresidential uses, the residential yard, lot size and frontage regulations shall apply to the residential component of the development.

Any use which is not a permitted, special or accessory use pursuant to this section 5-600 is prohibited.

The permitted floor area ratio of a development in the CRMU-X zone depends on whether a townhouse development, an all residential development or a mixture of uses is proposed and whether a special use permit is sought.

(A)

Single use/townhouses. If no special use permit is sought, only single-unit, two-unit, and townhouses at a maximum floor area ratio of 1.5 are permitted.

(B)

Mixed use, residential or commercial/SUP. If a special use permit is approved, the floor area ratio may be increased to an amount not to exceed 2.5 and the following uses may be developed:

(1)

All residential;

(2)

Mixed use, provided that 41.8 percent of the floor area must be devoted to residential use unless (a) the CRMU-X site is within a retail focus area as provided in section 6-503, in which case the required residential floor area may be reduced to 33.33 percent, with 8.5 percent required for ground floor retail space; or (b) the residential component is devoted exclusively to townhouses and such townhouses and the parking therefor occupies one-third of the entire development site, in which case the required residential floor area may be reduced to 20 percent, or

(3)

All commercial, provided: (a) that the retail focus area requirements of section 6-503 shall apply to the entire project area regardless of whether or not the entire project area is designated as a retail focus area in the Old Town North Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria; (b) the required retail square footage for the project calculated pursuant to section 6-503(A) shall be increased by an amount equal to 50 percent of the required retail square footage; and (c) the project incorporates along all major street frontages either (i) adequate retail space; (ii) adequate open and usable public space; (iii) substantial plantings; or (iv) appropriate architectural treatments to create a sense of vitality, activity and security attractive to pedestrians and enforcing the pedestrian oriented streetscape, as determined by city council.

(C)

Calculation of floor area ratio and uses. For the purpose of calculating the mix of uses under this section 5-606, all uses other than townhouse and multifamily dwellings, and congregate housing facilities are considered commercial.

(D)

Continuum of care facility. The maximum permitted floor area ratio is 1.5 including .25 of retail use, and a maximum of 50 percent of the floor space of the proposed development may be residential use. Except that, if a special use permit is approved, the maximum floor area ratio may be increased to an amount not to exceed 2.5 and a maximum of 70 percent of the floor space of the proposed development may be residential use.

The maximum permitted height of buildings is that height indicated in the Old Town North Small Area Plan.

(A)

The multi-unit residential portion of each development shall provide a minimum of 25 percent of land area as open and usable space; provided however that a portion of the space which would otherwise be required as green area may be met by comparable amenities and/or facilities provided in lieu thereof if such amenities or facilities meet or exceed the beneficial purposes which such green areas would accomplish. A determination by the director or by council in the case of a special use permit shall be made in each case as to whether the open space provided, in addition to meeting the technical definition of open space, is functional and usable or includes comparable amenities.

(B)

Continuum of care facilities shall provide a minimum of 25 percent of land area as open and usable space, the location and shape of which shall be subject to the director's determination that it is functional and usable space for residents, visitors and other persons. Such open space may be located on landscaped roofs or other areas fully open to the sky which are not at ground level if the director determines that such space functions as open space for residents to the same extent that ground level open space would.

In addition to the above regulations and the procedures and criteria for special use permits generally, council shall consider the following in determining whether to approve a special use permit for mixed use development:

(A)

The number, viability and compatibility of the individual uses proposed and their physical and functional integration.

(B)

The ability of the design to promote the integration of uses within the project and to promote compatibility of the project with the neighborhood.

(C)

The inclusion of site amenities, open space and features, supporting uses in a manner which encourages pedestrian use and promotes internal compatibility of uses.

(D)

The distribution of floor area ratio over the site so that the mass and scale of buildings do not overwhelm and are compatible with neighboring areas.

(E)

Compliance of the proposed development with the master plan.

(A)

The placement or construction of items that block the visibility through windows of the interior of the commercial space from the street and sidewalk, including, but not limited to, walls, window film, storage cabinets, carts, shelving, boxes, coat racks, storage bins, and closets, shall be prohibited. All windows shall remain transparent. This is not intended to prevent retailers from displaying their goods in display cases that are oriented towards the street frontage.

(B)

A day care center shall submit for the director's review a pick-up and drop-off plan that adequately ensures the safe transfer of children and creates minimal impact on pedestrian and vehicular traffic. The day care center must obtain approval of the plan prior to opening its place of business.

(C)

All operations, including storage, shall be conducted within a completely enclosed building with the exception of outdoor uses pursuant to this section 5-400 and City Code section 5-2-29, as applicable.

(D)

Retail shopping establishments with a principal use selling tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking are prohibited on property within 1,000 linear feet of a child day care center, or a public or private academic early childhood, elementary, middle, or high school. Any such use in operation prior to July 1, 2024, may continue to operate at its existing location, but Article XII does not apply.

Up to four auxiliary dwelling units are permitted and shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone. Such dwellings shall comply with section 8-200(A)(16) for parking and where parking is required spaces may be compact size or tandem. Auxiliary dwellings are allowed behind a first floor commercial use, if the depth of the building is more than 50 feet measured from the front building wall and the building is setback no further than 30 feet from front property line.

Up to two co-living dwellings shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone, and each such co-living dwelling shall provide the parking required under section 8-200(A)(22). For proposals with greater than two co-living dwellings, each will be counted as a dwelling unit subject to the same area and bulk regulations as multi-unit dwellings in this zone.

(Ord. No. 3612, § 1, 1-23-93; Ord. No. 3629, §§ 1—4, 5-15-93; Ord. No. 3753, § 1, 9-27-94; Ord. No. 3912, §§ 3, 4, 1-25-97; Ord. No. 3946, § 2, 6-24-97; Ord. No. 3968, § 1, 12-13-97; Ord. No. 4573, § 1, 12-13-08; Ord. No. 4677, § 4, 6-22-10; Ord. No. 4843, § 2, 11-16-13; Ord. No. 4910, § 2, 11-15-14; Ord. No. 5035, § 1, 6-28-16; Ord. No. 5155, §§ 52—54, 6-26-18; Ord. No. 5259, §§ 52—54, 12-14-19; Ord. No. 5303, § 4, 10-17-20; Ord. No. 5321, § 18, 1-23-21; Ord. No. 5383, § 20, 11-13-21; Ord. No. 5405, § 4, 2-12-22; Ord. No. 5449, § 3, 9-17-22; Ord. No. 5490, § 4, 5-13-23; Ord. No. 5515, § 5, 12-16-23; Ord. No. 5529, § 4, 4-13-24; Ord. No. 5566, § 4, 12-14-24; Ord. No. 5580, § 4, 4-26-25; Ord. No. 5593, § 3, 6-14-25)

The W-1 zone is intended to promote mixed use development with suitable public amenities along appropriate portions of the city's waterfront by permitting a mixture of residential, commercial, cultural and institutional uses and by allowing greater densities than would otherwise be permitted to the extent the proposed mix of uses, the design and the location warrant.

The following uses are permitted in the W-1 zone:

(A)

Single-unit dwelling;

(A.1)

Two-unit dwelling;

(A.2)

Townhouse dwelling;

(B)

Multi-unit dwelling;

(B.1)

Auxiliary dwelling, not to exceed four units;

(C)

Business and professional office;

(C.1)

Church;

(C.2)

Personal service establishment, pursuant to section 5-509;

(C.3)

Private school, commercial, pursuant to section 5-509;

(D)

Public building;

(E)

Public park, athletic field or other outdoor recreation facility;

(F)

Public utility service yard and/or electrical receiving or transforming station, provided the use and/or structure was in existence prior to 1982 and the use has been continued thereafter;

(F.1)

Retail shopping establishment, 10,000 square feet or less in size;

(G)

Accessory uses, as permitted by section 7-100;

(H)

Uses smaller than 5,000 square feet that foster art, history and cultural awareness through increased understanding and training, such as museums, schools and cultural institutions;

(I)

Day care center, pursuant to section 5-509;

(J)

Health and athletic club or fitness studio, pursuant to section 5-509.

The following uses may be allowed in the W-1 zone with administrative approval, subject to section 11-513 of this ordinance.

(A)

Co-living dwelling, not to exceed two units;

(B)

Outdoor dining on private property;

(C)

Outdoor market;

(D)

Restaurant;

(E)

Valet parking.

The following uses may be allowed in the W-1 zone pursuant to a special use permit:

(A)

Any use with live entertainment;

(A.1)

Co-living dwelling, other than pursuant to section 5-502.1;

(A.2)

Continuum of care facility;

(A.3)

Commercial outdoor recreation facility;

(B)

Commercial shipping and freight terminal;

(C)

Facilities used for docking or berthing of boats or ships, including public or private marinas and/or boat docks with related facilities limited to water and electricity connections;

(D)

Hotel, consistent with the Development Goals and Guidelines for Development Sites in the Waterfront small area plan;

(E)

Reserved;

(F)

Outdoor dining on private property, other than pursuant to sections 5-502 and 5-502.1;

(G)

Outdoor market other than pursuant to section 5-502.1;

(H)

Reserved;

(I)

Privately owned public use building such as civic auditorium or performing arts center;

(J)

Reserved;

(K)

Retail shopping establishment, other than pursuant to section 5-502(F.1);

(L)

Reserved;

(M)

Reserved;

(N)

Utilities, as permitted by section 7-1200;

(O)

Reserved;

(P)

Uses 5,000 square feet or larger that foster art, history and cultural awareness through increased understanding and training, such as museums, schools and cultural institutions.

Any use which is not a permitted, special or accessory use pursuant to this section 5-500 is prohibited.

The permitted floor area ratio of a development in the W-1 zone depends on whether a single use or mixture of uses is proposed and whether a special use permit is sought.

(A)

Single use. If a parcel is developed for only commercial use or for only residential use, the maximum permitted floor area ratio is:

(1)

Commercial: .75; or

(2)

Residential: 1.0, except that for single-unit, two-unit, and townhouse dwellings within the Old and Historic Alexandria and Parker-Gray Districts, the maximum permitted floor area ratio is 1.50.

In the case of either (1) or (2), an additional .25 of retail use is permitted.

(B)

Mixed use. If a parcel is developed for both commercial and residential use, and the residential use constitutes at least 25 percent of the floor space of the development, the maximum permitted floor area ratio is 1.0 plus an additional .25 of retail use.

(C)

Mixed use or residential/SUP. If at least 50 percent of the floor space of the proposed development is for residential use and if the commercial use within such a development does not exceed a floor area ratio of .75, then, with a special use permit, the maximum permitted floor area ratio may be increased to an amount not to exceed 2.0.

(D)

Development sites in waterfront plan/SUP. For property that is part of a development site identified in the waterfront small area plan, with a special use permit, the maximum floor area ratio may be increased provided the development meets and is consistent with the Development Goals and Guidelines listed in the Waterfront plan for the property.

(E)

Continuum of care facility. The maximum permitted floor area ratio is 1.25 including .25 of retail use and a maximum of 50 percent of the floor space of the proposed development may be residential use. Except that, if a special use permit is approved, the maximum floor area ratio may be increased to an amount not to exceed 2.0 and a maximum of 70 percent of the floor space of the proposed development may be residential use.

(A)

Density. For single-unit, two-unit, and townhouse dwellings only, gross density shall not exceed 30 dwelling units per acre.

(B)

Lot size.

(1)

Reserved.

(2)

Each townhouse dwelling shall be located on a lot with a minimum of 1452 square feet of land area.

(3)

Each other principal use shall be located on a lot with no minimum land area requirement except that which occurs as a result of other applicable regulations, such as yards, floor area ratio and parking.

(C)

Lot width and frontage.

(1)

For multi-unit dwellings, the minimum lot width at the front lot and building line shall be 50 feet.

(2)

For townhouses, the minimum lot width at the front lot and building line shall be 18 feet for all lots except end lots for which the minimum lot width at the front lot and building line shall be 26 feet.

(3)

For all other principal uses, there shall be no minimum lot and building line requirements except those which occur as a result of other applicable regulations.

(A)

Front yard. No front yard is required except as may be applicable pursuant to the supplemental yard and setback regulations of section 7-1000.

(B)

Side yards. No side yards are required except in the following cases:

(1)

Each interior end lot wider than 25 feet in a group of townhouses shall provide a side yard of at least eight feet.

(2)

Multi-unit residential buildings shall provide two side yards based on a setback ratio of 1:2 and a minimum of 16 feet.

(C)

Rear yard. Each lot shall provide a rear yard of at least 8 feet, except that each multi-unit residential building shall provide a rear yard based on a setback ratio of 1:2 and a minimum distance of 16 feet.

The maximum permitted height of buildings is the height shown in the applicable height district map.

(A)

Each residential use shall provide 35 percent of the area of the lot as open and usable space, the location and shape of which shall be subject to the director's determination that it is functional and usable space for residents, visitors and other persons. Such open space may be located on landscaped roofs or other areas fully open to the sky which are not at ground level if the director determines that such space functions as open space for residents to the same extent that ground level open space would. In addition, each use, development or project adjacent to the Potomac River shall provide an open space walkway and bike way adjacent to the high watermark of the Potomac River.

(B)

Continuum of care facilities shall provide a minimum of 25 percent of land area as open and usable space, the location and shape of which shall be subject to the director's determination that it is functional and usable space for residents, visitors and other persons. Such open space may be located on landscaped roofs or other areas fully open to the sky which are not at ground level if the director determines that such space functions as open space for residents to the same extent that ground level open space would.

(A)

No room or space used for residential purposes or commercial purposes, other than restaurant or retail room or space, shall be permitted on the ground floor of any building.

(B)

The provisions of section 5-509(A) shall not apply if publicly accessible waterfront or waterfront-related amenities are provided in conjunction with a proposed building, subject to approval of a site plan for such amenities and building pursuant to section 11-400.

(C)

Publicly accessible waterfront or waterfront-related amenities may include, but are not limited to, pedestrians walkways and landscaped open space areas connected to the walkway/bikeway required along the waterfront by section 5-508, boat docking facilities, or similar improvements that enhance pedestrian access to and enjoyment of the waterfront area. The planning commission, or city council on appeal, shall approve the site plan submitted pursuant to section 5-509(B) if the commission or council in its reasonable discretion determines that the amenities to be provided enhance the publicly oriented vitality of the waterfront area.

(D)

As used in this section 5-509, "ground floor" means that floor of a building which is approximately or most nearly level with the ground surface in the general vicinity of the building and includes the headroom above such floor.

(E)

The residential building exclusions of section 11-404(A) shall not apply to any site plan submitted under the provisions of this section 5-500. Nothing in this section 5-509 shall excuse compliance with the use regulations of this section 5-500, including any requirement for a special use permit of section 5-503, or with the floodplain regulations of section 6-300.

(F)

Any ground floor room or space used for residential purposes or commercial purposes other than restaurant or retail room or space, in a building for which a preliminary site plan was approved on or before June 28, 1988, shall be deemed to meet the requirements of this section 5-509.

All developments containing new or replacement utility facilities within the development shall provide for underground installation of said facilities.

(A)

The placement or construction of items that block the visibility through windows of the interior of the commercial space from the street and sidewalk, including, but not limited to, walls, window film, storage cabinets, carts, shelving, boxes, coat racks, storage bins, and closets, shall be prohibited. All windows shall remain transparent. This is not intended to prevent retailers from displaying their goods in display cases that are oriented towards the street frontage.

(B)

A day care center shall submit for the director's review a pick-up and drop-off plan that adequately ensures the safe transfer of children and creates minimal impact on pedestrian and vehicular traffic. After review, the director may approve, approve with conditions, or deny the plan.

(C)

All operations, including storage, shall be conducted within a completely enclosed building with the exception of outdoor uses pursuant to this section 5-500 and City Code section 5-2-29, as applicable.

(D)

Retail shopping establishments with a principal use selling tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking are prohibited on property within 1,000 linear feet of a child day care center, or a public or private academic early childhood, elementary, middle, or high school. Any such use in operation prior to July 1, 2024, may continue to operate at its existing location, but Article XII does not apply.

(A)

Lot size. Each single-unit dwelling shall be located on a lot with a minimum land area of 5,000 square feet. In the case of a two-unit dwelling, the lot shall contain 2,500 square feet of land area for each dwelling unit.

(B)

Frontage. When measured at both the front lot line and the front building line, each single-unit and two-unit duplex dwelling requires a minimum of 50 feet of frontage, and a two-unit semi-detached dwelling requires a minimum frontage of 25 feet for each dwelling unit.

(C)

Yards.

(l)

Front yards. For each residential use, the required front yard shall be between the range established by the front yards within the contextual block face. If the minimum front yard, including the front yard of the property in question, within this range exceeds 20 feet, a residential use shall provide a front yard of at least 20 feet.

(2)

Side yards. Single and two-unit dwellings shall provide two side yards, each based on a setback ratio of 1:3 and a minimum of eight feet. For lots less than 25 feet wide, no side yards shall be required.

(3)

Rear yards. Each residential use shall provide a rear yard based on a 1:1 setback ratio and a minimum of eight feet.

(D)

Mixed use. When a development includes both residential and nonresidential uses, the residential lot size, frontage and yard regulations shall be applicable to the residential component of the development.

Up to four auxiliary dwelling units are permitted and shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone. Such dwellings shall comply with section 8-200(A)(16) for parking and where parking is required spaces may be compact size or tandem. Auxiliary dwellings are allowed behind a first floor commercial use, if the depth of the building is more than 50 feet measured from the front building wall and the building is setback no further than 30 feet from front property line.

Up to two co-living dwellings shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone, and each such co-living dwelling shall provide the parking required under section 8-200(A)(22). For proposals with greater than two co-living dwellings, each will be counted as a dwelling unit subject to the same area and bulk regulations as multi-unit dwellings in this zone.

(Ord. No. 3606, §§ 6—9, 12-12-92; Ord. No. 3612, §§ 1, 3, 1-23-93; Ord. No. 3629, §§ 1—4, 5-15-93; Ord. No. 3753, § 1, 9-27-94; Ord. No. 4797, § 1, 4-13-13; Ord. No. 4910, § 2, 11-15-14; Ord. No. 4925, § 1, 2-21-15; Ord. No. 5035, § 1, 6-28-16; Ord. No. 5155, § 55, 6-26-18; Ord. No. 5259, §§ 55—57, 12-14-19; Ord. No. 5303, § 4, 10-17-20; Ord. No. 5321, § 19, 1-23-21; Ord. No. 5383, § 21, 11-13-21; Ord. No. 5405, § 4, 2-12-22; Ord. No. 5449, § 3, 9-17-22; Ord. No. 5490, § 4, 5-13-23; Ord. No. 5515, § 5, 12-16-23; Ord. No. 5566, § 4, 12-14-24; Ord. No. 5593, § 3, 6-14-25)

The CDD is established for those areas which are of such size or are so situated as to have significant development related impacts on the city as a whole or a major portion thereof and in order to promote development consistent with the master plan. A site zoned CDD is intended for a mixture of uses to include office, residential, retail, hotel and other uses with appropriate open space and recreational amenities to serve the project users and residents of the city. A CDD zone is intended to encourage land assemblage and/or cooperation and joint planning where there are multiple owners in the CDD zoned area. A review process is established to ensure that such developments exhibit a proper integration of uses, the highest quality of urban and architectural design and harmony with the surrounding areas of the city.

(A)

The CDD districts, as shown on Table 1, are as follows:

Table 1. Coordinated Development Districts

(B)

Additional districts may be created from time to time, by designation in the city's master plan and approval of a rezoning application according to the provisions of sections 11-800 and 11-900.

(C)

All proposed development within a CDD shall be consistent with the guidelines for the particular district expressed in the city's master plan, as the same may be amended from time to time.

(D)

All proposed development within a CDD shall be subject to the procedures for review and approval set forth in this section 5-600. Except as provided in sections 5-602(E), 5-602(F), and 5-608, any proposed development within a CDD constitute a special use for which a special use permit is required pursuant to this section 5-600 and section 11-500. In case of a conflict between the special use permit provisions of this section 5-600 and those of section 11-500, this section 5-600 shall control.

(E)

Notwithstanding the uses that may be allowed with a CDD special use permit in each CDD zone pursuant to sections 5-602(A) and 5-602(D) of this ordinance, the following uses are permitted in each CDD when located in or immediately adjacent to a building constructed pursuant to a CDD special use permit, unless specifically prohibited therein:

(1)

Health and athletic club or fitness studio;

(1.1)

Church;

(2)

Day care center;

(3)

Health profession office;

(4)

Medical laboratory;

(5)

Outdoor dining located on private property;

(6)

Personal service establishment;

(7)

Private school, commercial;

(8)

Public school;

(9)

Radio or television broadcasting office and studio;

(10)

Recreation and entertainment use, indoor;

(11)

Restaurant;

(12)

Retail shopping establishment, up to 20,000 gross square feet;

(13)

Social service use.

(F)

Notwithstanding the uses that may be allowed with a CDD special use permit in each CDD zone pursuant to sections 5-602(A) and 5-602(D) of this ordinance, the following uses may be allowed in each CDD by administrative approval, pursuant to section 11-513 of this ordinance, when located in or immediately abutting a building constructed pursuant to a CDD special use permit, unless specifically prohibited therein:

(1)

Any use with live entertainment;

(2)

Outdoor dining other than pursuant to section 5-602(E)(5);

(3)

Retail shopping establishment, larger than 20,000 gross square feet;

(4)

Valet parking.

(A)

All proposed developments shall require review and approval in the following manner.

(1)

A conceptual design plan shall be submitted for the entire district. Such plan shall be considered by the planning commission and a recommendation thereon made to the city council. Approval of such plan by the city council shall authorize the submission of a preliminary development plan in substantial conformity with the approved conceptual design plan for review as specified in section 5-605(J), but shall not confer any right or entitlement to approvals thereof, to otherwise proceed with development, or to the continued application of the law existing at the time of conceptual design plan approval. The right to use and develop the property pursuant to the underlying zoning shall continue for any portion of the site which is covered by an approved conceptual design plan but for which a preliminary development plan is not yet approved, provided that any development is undertaken in a manner consistent with the site plan requirements of section 11-400 and does not preclude development consistent with the conceptual design plan.

(2)

A preliminary development plan shall be submitted for the entire district, unless permission to proceed by sections of the district is given by the city council in the conceptual design plan approval, in which case a preliminary development plan shall be submitted for one or more approved sections of the district. Such plan shall be considered by the planning commission, and a recommendation made thereon to the city council. Approval of such plan by the city council shall constitute approval of a special use permit and preliminary site plan for the development and shall confer the right and obligation to proceed with development exclusively in accord with such approval and not otherwise, subject to such limitations and exceptions as the approval may provide, subject to approval of one or more final development plans as provided below, and subject to any other permits or approvals required by law.

(3)

A final development plan shall be submitted in accord with the approved preliminary development plan. Such plan shall be considered and approved by the director, subject to appeal to city council. Approval of such plan shall constitute approval of a final site plan for the development.

(B)

An applicant may, if desired, submit a conceptual design plan and a preliminary development plan for simultaneous consideration and approval.

(C)

No fewer than 45 days prior to submitting an application for approval of a conceptual design plan or a combined conceptual design plan and preliminary development plan, each applicant shall meet with the director and the director of transportation and environmental services and discuss such applicant's intentions with respect to a proposed development and the requirements of this section 5-600. No matters discussed at such meeting shall be binding on either the applicant or the city. The purpose of the preapplication conference is to provide staff input in the formative stages of the development project.

(A)

The application for conceptual design plan approval shall be submitted, on such forms as the director may prescribe, by the owner, developer, contract purchaser, lessee or other party having a legal interest in the subject property. It shall include a clear and concise statement identifying the applicant and, if different, the owner of the property, including the name and address of each person or entity owning an interest in the applicant or owner and the extent of such ownership interest unless any of such entities is a corporation, in which case only those persons owning an interest in excess of three percent in such corporation need be identified by name, address and extent of interest. For purposes of this section 5-604(A), the term ownership interest shall include any legal or equitable interest held at the time of the application in the property which is the subject of the application.

(B)

Thirty-five copies of the application shall be submitted. All maps or plans shall be presented on sheets having a size of 24 inches by 36 inches.

(C)

The application shall include the following information and materials:

(1)

A vicinity map at a scale of not less than one inch equals 2,000 feet.

(2)

A map or plan delineating the general topography of the district, and the general location of scenic areas or natural features, and a statement describing to what extent such areas or features will be preserved or protected, and landscape concepts.

(3)

A statement describing the project in narrative form and describing the relationship of the proposed development to the master plan guidelines for the district.

(4)

A general description of how adjacent and neighboring properties will be protected from any adverse effects prompted by the proposed development.

(5)

A statement setting forth the maximum height of buildings to be constructed.

(6)

A statement setting forth the maximum overall gross floor area and floor area ratio proposed, and the maximum gross floor area and floor area ratio proposed for each use in the proposed development.

(7)

A statement setting forth the maximum number of dwelling units proposed, and an approximate breakdown of units by type and size.

(8)

A statement setting forth the maximum number of parking spaces, and the general location and character, whether surface or structured, thereof.

(9)

A statement identifying those special amenities proposed for the development.

(10)

A statement setting forth any proposed interim uses of the site or portion thereof, the proposed development schedule and phases for development, and, if applicable, requesting the division of the district into sections for the purpose of subsequent submissions under this section 5-600.

(11)

A statement of the improvements, public or private, on or off site, proposed for construction or dedication, and an estimate of the timing of providing such improvements.

(12)

A conceptual design plan, at a scale of not less than one inch equals 100 feet, showing the location and arrangement of all proposed uses, the proposed traffic circulation plan including points of access, parking areas, major streets and major pedestrian, bike, or other recreational paths, all proposed major open space and landscaped areas, and the approximate location of all proposed community and public facilities.

(13)

Such additional information as the director may require, or the applicant may desire to submit, in order to facilitate review and consideration of the plan.

(14)

A map identifying the general location of all marine clay soils.

(15)

A map identifying the general location of areas with probability of contaminated soil and/or groundwater based on a Phase 1 Environmental Assessment or equivalent information.

(D)

Upon determination by the director that the application is complete, the application shall be submitted for comment and review to appropriate city departments and agencies. Upon completion of such administrative review, the director shall prepare a report for the planning commission and a recommendation to approve, approve with modifications, or disapprove the application, and shall submit the application to the planning commission.

(E)

The planning commission shall promptly consider the application in accordance with the provisions of this section 5-600, and shall hold a public hearing thereon.

(F)

Subsequent to the public hearing, the planning commission shall forward the application to the city council, together with its recommendations thereon.

(G)

The city council shall consider the application in accordance with the provisions of this section 5-600, and shall hold a public hearing thereon. The city council shall by written resolution approve, approve with modifications or disapprove the application. In approving an application, the council may establish such conditions and requirements as shall assure compliance with the provisions of this section 5-600, and of any other requirements of applicable law.

(H)

No application shall be approved unless the proposed development satisfies the following standards:

(1)

The proposed development shall substantially conform to the city's master plan with respect to the general type, character, intensity and location of uses, as reflected in the CDD guidelines of the applicable area plan.

(2)

The proposed development shall preserve and protect to the extent possible all scenic assets and natural features of the land.

(3)

The proposed development shall be designed to mitigate substantial adverse impacts to the use and value of surrounding lands.

(4)

The proposed development shall be designed in accordance with public facilities, services, transportation systems and utilities which are adequate for the development proposed, and which are available, or reasonably probable of achievement, prior to use and occupancy of the development.

(5)

The proposed development shall be designed to provide adequate recreational amenities and, if appropriate to the site, a comprehensive system of pedestrian, bicycle or other recreational paths which shall be carefully coordinated with the provision of open spaces, public facilities, vehicular access routes and mass transportation facilities.

(6)

The proposed development shall provide a substantial amount of residential units, including an affordable housing component.

(I)

Once a conceptual design plan has been approved, and there is cause for substantial amendment thereto or to any portion thereof, such amendment shall be processed as a new submission; provided, however, that the director may waive any application requirement of section 5-604(C) if such requirement is not necessary for adequate review of the proposed amendment.

(J)

No preliminary development plan shall be submitted later than two years from the date of city council approval of the conceptual design plan on which the preliminary development plan is based unless, as part of the approval under this section 5-604, a different time period is specified consistent with an overall schedule and phasing for development.

(A)

The application for preliminary development plan approval shall be submitted, on such forms as the director may prescribe, by the owner, developer, contract purchaser, lessee or other party having a legal interest in the subject property. It shall include a clear and concise statement identifying the applicant and, if different, the owner of the property, including the name and address of each person or entity owning an interest in the applicant or owner and the extent of such ownership interest unless any of such entities is a corporation, in which case only those persons owning an interest in excess of three percent in such corporation need be identified by name, address and extent of interest. For purposes of this section 5-605(A), the term ownership interest shall include any legal or equitable interest held at the time of the application in the real property which is the subject of the application.

(B)

Thirty-five copies of the application shall be submitted. All maps, plats or plans shall be presented on sheets having a size of 24 inches by 36 inches.

(C)

An application may be submitted for the entire district or for such portions as have been approved for phasing in the conceptual design plan approval.

(D)

The application shall include the following information and materials:

(1)

A preliminary site plan as specified in section 11-406.

(2)

A statement of the architectural concepts and design guidelines of all proposed buildings, including the maximum bulk thereof, a model of the proposed development and surrounding lands, and, if available, schematic architectural sketches.

(3)

A statement of the specific uses, and the floor area ratio or dwelling unit per acre density thereof, for each proposed building.

(4)

Such additional materials, as the director may require, or the applicant may desire to submit, in order to facilitate review and consideration of the plan.

(E)

Upon determination by the director that the application is complete, the application shall be submitted for comment and review to appropriate city departments and agencies. Upon completion of such administrative review the director shall prepare a report for the planning commission and a recommendation to approve, approve with modifications, or disapprove the application, and shall submit the application to the planning commission.

(F)

The planning commission shall promptly consider the application in accordance with the provisions of this section 5-600, and shall hold a public hearing thereon.

(G)

Subsequent to the public hearing, the planning commission shall forward the application to the city council, together with its recommendations thereon.

(H)

The city council shall consider the application in accordance with the provisions of this section 5-600, and shall hold a public hearing thereon. The city council shall by written resolution approve, approve with modifications or disapprove the application. In approving an application, the council may establish such conditions and requirements as shall assure compliance with the provisions of this section 5-600, and of any other requirements of applicable law.

(I)

Notwithstanding any contrary provisions of section 11-400, the preliminary site plan shall be reviewed and considered, and approved, approved with modifications or disapproved as provided in this section 5-600.

(J)

No application shall be approved unless the proposed development satisfies the following standards:

(1)

The preliminary development plan demonstrates that the proposed development is in substantial conformity with the requirements and purpose of the approved conceptual design plan; and

(2)

The preliminary development plan demonstrates that the proposed development, when constructed, will satisfy the criteria listed in section 5-604(H) for approval of a conceptual development plan, and section 11-410 for approval of a preliminary site plan.

(K)

Once a preliminary development plan has been approved, and there is cause for substantial amendment thereto or to any portion thereof, such amendment shall be processed as a new submission; provided however that the director may waive any application requirement if any such requirement is not necessary for adequate review of the proposed amendment.

(L)

The approval of the preliminary development plan shall be valid for the period specified for preliminary site plans by section 11-418 of this ordinance, and otherwise subject to the provisions of that section, except that the period shall run from, and any extension shall be granted by, city council action.

(M)

Notwithstanding the provisions of subsection (J) of this section and of any approved conceptual design plan, the following required and permitted changes from an approved conceptual design plan shall be required or permitted, as hereinafter expressly provided. Such required or permitted changes shall apply to the approval of a preliminary development plan or site plan subject to such conceptual design plan, which is approved on or after the effective date as prescribed below:

1.

Reserved.

2.

(a)(1)

Within CDD No. 10 (Potomac Yard/Potomac Greens) the vehicular and pedestrian Monroe Avenue connection to Route 1—Jefferson Davis Highway shall be constructed as depicted in the Alternative Concept Plan, approved by city council in 2003, which design accommodates, should the city council and school board later determine that a need exists, sufficient land as a site for a public elementary school in general conformity with the school depicted in the Potomac Yard Site Analysis, Alexandria City Public Schools, option 1(A), prepared by Grimm and Parker, Architects, dated February 7, 2006.

   (2)

Notwithstanding subparagraph (a)(1), sufficient land area shall be reserved to permit the reconstruction of such connection to conform to the design as generally depicted in option 2 (two-way slip ramp), as prepared by Christopher Consultants, dated December 19, 2005; provided, however, that such reservation to permit the construction of the two-way slip ramp shall not be effective in the event that city council actually authorizes and funds the construction of a public elementary school, the site layout and design of which would conflict with or preclude such reservation of land.

(b)

Should city council subsequently approve the reconstruction (two-way slip ramp) depicted in option 2, as described in subparagraph (a)(2) above, then and in such an event, and as a condition precedent to the approval of such reconstruction the city council, in coordination with the school board, shall identify, reserve and keep available an adequate and equivalent land area in and around CDD No. 10 for the construction, should council authorize and fund such construction, of a public elementary school comparable in function to the school as depicted in the Potomac Yard Site Analysis, Alexandria City Public Schools, option 1A, as prepared by Grimm and Parker, Architects, dated February 7, 2006.

(c)

In connection with the activities described in subparagraph (b) above, the city council may consider the redesign of Simpson Park, additional density within CDD No. 10, and/or the reallocation of approved density within said CDD, to the extent reasonably necessary to secure such land area for a public elementary school, and to secure separate open space areas which are in reasonable conformity with guidelines adopted by the city and state, including without limitation the Potomac Yard Urban Design Guidelines, and accommodate the population growth anticipated with the CDD, in addition to the land area for such elementary school.

(d)

This paragraph (2) shall be effective April 22, 2006. Plans referenced in this paragraph are included in the record of Docket Item No. 6, at the February 25, 2006 public hearing meeting of city council.

(A)

The application shall be submitted, on such forms as the director may prescribe, by the owner, developer, contract purchaser, lessee or other party having a legal interest in the subject property. It shall include a clear and concise statement identifying the applicant and, if different, the owner of the property, including the name and address of such person or entity owning an interest in the applicant or owner and the extent of such ownership interest unless any of such entities is a corporation, in which case only those persons owning an interest in excess of three percent in such corporation need be identified by name, address and extent of interest. For purposes of this section 5-606(A), the term ownership interest shall include any legal or equitable interest held at the time of the application in the real property which is the subject of the application.

(B)

Thirty-five copies of the application shall be submitted. All maps, plats or plans shall be submitted on sheets having a size of 24 inches by 36 inches. A final development plan shall be submitted for the entire district, or for such portions thereof as approved in the preliminary development plan.

(C)

The application shall include the following information and materials:

(1)

A final site plan as specified in section 11-409(D).

(2)

Complete architectural elevations of each proposed building or structure.

(3)

Such additional information as the director may require, or the applicant may desire to submit, in order to facilitate review and consideration of the plan.

(D)

Upon determination by the director that the application is complete, the application shall be submitted for comment and review to appropriate city departments and agencies.

(E)

The director shall consider the final development plan and shall determine if said plan complies with all prior approvals under this section 5-600 and all other applicable provisions of law. Upon the determination that the final development plan does comply, the director shall approve the plan. Upon the determination that the plan does not comply, the director shall disapprove same, stating his reasons therefor, in which event the applicant shall be afforded reasonable opportunity to amend the plan.

(F)

Reserved.

(G)

Once a final development plan has been approved, and there is cause for amendment of the same, such amendment shall be processed as follows:

(1)

Upon a determination by the director that the proposed amendment will result in a final development plan which is still in accordance with the prior conceptual design plan and preliminary development plan approvals, then such amendment will be processed in accordance with the provisions of this section 5-606.

(2)

Upon a determination by the director that the proposed amendment will cause the final development plan to be not in accordance with the prior conceptual design plan and preliminary development plan approvals, then the procedures for amendment of such prior approvals, either or both as the case may be, shall be followed, in addition to the procedures of this section 5-606.

(H)

The approval of a final development plan shall be valid for the period specified for site plans by section 11-418 and otherwise subject to the provisions of that section.

(A)

If any district on June 24, 1992 is not in common ownership or control, or thereafter becomes not in common ownership or control by virtue of any involuntary transfer or sale, the owner of record of a portion of the district may apply for approval under this section 5-600, in conformity with the master plan guidelines for the district pertaining to the entire portion of the district under the control of such owner, notwithstanding that the application pertains only to such portion of the district. Such application shall consist of a certification which demonstrates to the director's satisfaction and on such forms as the director may provide that such owner has diligently attempted, without success, to bring about a joint application for the entire district and that such lack of success is not caused in whole or in part by the applicant. Certification may consist of written communications between the applicant and the other owners indicating that a joint application will not be forthcoming.

(B)

If any district in common ownership or control on June 24, 1992 thereafter ceases to be in common ownership and control by virtue of any transfer or sale other than an involuntary transfer or sale, the owner of record of a portion of the district may file with the city clerk a petition, under oath, stating facts sufficient to show that he is entitled to relief under this section 5-607(B).

(1)

Such petition shall include a specific description of the relief sought and, in particular, of the requirements of this section 5-600 from which an exemption is requested. The fee for filing such petition shall be $150.00, and such fee shall be in addition to all other fees required by law.

(2)

In order to obtain relief under this section 5-607(B), the petitioner shall have the burden of showing by clear and convincing evidence that the strict application of the requirements of this section 5-600 to the parcel which is the subject of the petition will result in extraordinary hardship, approaching confiscation, of a nature which is not self-induced, which is unique to the petitioner and which is not shared generally by those persons subject to the requirements of this section 5-600.

(3)

The director shall review the petition and shall forward his recommendations thereon to city council. The city manager shall schedule a public hearing on the petition before city council within 45 days of the filing of the petition. Notice of such hearing shall be given pursuant to section 11-300 of this ordinance.

(4)

City council may grant, in whole or in part, the exemption from the requirements of this section 5-600 sought by the petitioner if it determines, on specific written findings of fact, that the strict application of such requirements to petitioner's parcel will result in extraordinary hardship, approaching confiscation, of a nature which is not self-induced, which is unique to the petitioner and which is not shared generally by those persons subject to the requirements of this section 5-600.

(5)

In the event that city council determines to grant petitioner an exemption, it shall issue an appropriate order for relief, describing the requirements of this section 5-600 from which petitioner shall be partially or fully exempt. Such order shall provide the minimum relief necessary to alleviate the hardship proved by petitioner. In all but the most extraordinary circumstances, the relief awarded shall not excuse compliance with the master plan guidelines applicable to the district, in order to assure that the entire district, when developed, shall comply with the master plan guidelines.

(6)

City council may include such terms and conditions in the order for relief as it deems necessary and desirable to protect the public health, safety and general welfare and to assure that the parcel will be developed in harmony with the intended spirit and purpose of this section 5-600.

(C)

For the purpose of applying this section 5-607, the following CDD districts shall be deemed to be in common ownership or control on June 24, 1992: Duke Street, Cameron Center, Winkler Tract, Stone Tract, Trade Center and Cameron Station; the following CDD districts shall be deemed to be not in common ownership or control on such date: Eisenhower Avenue, Arlandria Center/Berkey Photo, Route 1 Properties, and Potomac Yard/Greens.

Notwithstanding the provisions of sections 5-602 and 5-603, the land in a CDD district may be used and developed pursuant to the density, height, use and other applicable zone regulations provided for use and development within each district, without CDD special use permit approval, as shown in Table 1.

The provisions contained in this section 5-600 shall be considered separate from, supplemental to and additional to the provisions contained elsewhere in this ordinance or other city ordinances. Nothing contained in this section 5-600 shall excuse any person from compliance with all other applicable provisions of this ordinance. Nor shall compliance with any other provisions of this ordinance excuse any person from compliance with the provisions of this section 5-600.

(A)

There is hereby established by ordinance the Potomac Yard design advisory committee.

(B)

The Potomac Yard design advisory committee shall consist of eleven members appointed by the city council, pursuant to title 2, chapter 4 of the Code of the City of Alexandria, Virginia, 1981, as amended, for staggered terms of two years. The committee shall include two members representing the Potomac East area; one member with urban design or architectural experience representing the National Park Service; two members representing the Potomac West area; two members representing the Potomac Yard area; one member representing civic associations within Potomac Yard; one member representing the business community, and two qualified professionals skilled in landscape architecture, architecture or urban design.

(C)

The purpose of the Potomac Yard design advisory committee is to review applications for preliminary development plan special use permit approval under this ordinance, within CDD No. 10 Potomac Yard/Greens and CDD No. 19 North Potomac Yard, for compliance with the respective urban design guidelines or design standards applicable therein, and make recommendation on such applications to the planning commission and city council through the director.

(D)

The director shall send a copy of any proposed preliminary development plan for the CDD to the committee, and the committee shall send its comments to the director in time to be sent to the planning commission together with the staff report on the proposed plan. Each applicant for a preliminary development plan approval shall be encouraged to discuss its proposal with the committee, including prior to the filing of an application for approval of a preliminary development plan.

(E)

The committee shall establish a regular schedule which provides for meetings at least once per calendar quarter. Additional meetings may be scheduled by the chair of the committee, in consultation with the director.

(F)

Section 2-4-7(f) of the City Code, which prohibits a person from serving on more than one standing committee, shall not apply to service on the Potomac Yard design advisory committee; provided, however, that this subsection shall expire on December 18, 2007.

(A)

There is hereby established by ordinance the Eisenhower East Design Review Board.

(B)

The Eisenhower East Design Review Board shall consist of five members selected as follows:

(1)

One member of city council, selected by the council following a council election for a three-year term;

(2)

The city manager or designee;

(3)

One citizen member residing in the area served by the board, and selected annually by the council; and

(4)

Two qualified professionals skilled in architecture or urban design, who shall be selected annually by the foregoing three members.

(C)

The purpose of the Eisenhower East Design Review Board is to review applications under this ordinance, within CDD No. 2 (Eisenhower Avenue Metro) and CDD No. 11 (South Carlyle), and for properties in CDD No. 1 (Duke Street) on which development is governed by any special use permit which authorizes or requires design review by the Carr/Norfolk Southern (Carlyle) Design Review Board. Applications within CDD No. 2 and CDD No. 11 are to be reviewed for compliance with the Eisenhower East Small Area Plan and the Eisenhower East Design Guidelines, as adopted by the planning commission. Applications within CDD No. 1 are to be reviewed for compliance with the applicable urban design guidelines therein. The board will make recommendations on such applications to the planning commission and city council through the director.

(D)

The director shall send to the board a copy of any application subject to its review, and the board shall send its comments to the director in time to be sent to the planning commission together with the staff report on the application. Each applicant shall discuss their application with the board prior to filing.

(E)

The board and director shall establish a regular schedule which provides for meeting at least once per calendar quarter. Additional meetings may be called by the chair of the board and the director.

(F)

The Eisenhower East Design Review Board shall assume and perform all the functions of the Carr/Norfolk Southern (Carlyle) Design Review Board.

(A)

There is hereby established by ordinance the Beauregard Urban Design Advisory Committee.

(B)

The Beauregard Urban Design Advisory Committee shall consist of nine members appointed by city council as follows:

(1)

Four qualified professional members skilled in architecture, planning, landscape architecture and/or urban design;

(2)

Three citizen members;

(3)

One member representing the business community; and

(4)

One at-large member.

(C)

The purpose of the Beauregard Urban Design Advisory Committee is to review applications under this ordinance, within CDD No. 21, CDD No. 22 and CDD No. 23 and other redevelopment sites within the Beauregard Small Area Plan. Applications within the Beauregard Small Area Plan are to be reviewed for compliance with the Beauregard Small Area Plan and the Beauregard Urban Design Standards and Guidelines, as adopted by the planning commission. The board will make recommendations on such applications to the planning commission and city council through the director.

(D)

The director shall send to the board a copy of any application subject to its review, and the board shall send its comments to the director in time to be sent to the planning commission together with the staff report on the application. Each applicant shall discuss their application with the board prior to filing.

(E)

The board and director shall establish a regular schedule which provides for meeting at least once per calendar quarter. Additional meetings may be called by the chair of the board and the director.

(Ord. No. 3604, § 1, 12-12-92; Ord. No. 3643, § 1, 6-12-93; Ord. No. 3699, § 1, 1-22-94; Ord. No. 3706, § 1, 2-12-94; Ord. No. 3837, § 1, 11-18-95; Ord. No. 3861, § 1, 4-13-96; Ord. No. 3911, § 1, 1-25-97; Ord. No. 3923, §§ 1—4, 4-12-97; Ord. No. 3987, § 1, 4-18-98; Ord. No. 4031, § 1, 12-12-98; Ord. No. 4062, §§ 1, 2, 6-12-99; Ord. No. 4077, § 1, 10-16-99; Ord. No. 4128, § 1, 4-15-00; Ord. No. 4281, § 1, 11-16-02; Ord. No. 4294, §§ 2, 3, 4-12-03; Ord. No. 4310, §§ 2—4, 6-14-03; Ord. No. 4370, §§ 1, 2, 12-18-04; Ord. No. 4399, §§ 4, 5, 5-14-05; Ord. No. 4441, § 1, 4-22-06; Ord. No. 4442, §§ 1—3, 4-22-06; Ord. No. 4527, § 1, 4-21-08; Ord. No. 4572, § 1, 12-13-08; Ord. No. 4575, § 1, 12-13-08; Ord. No. 4580, § 1, 2-21-09; Ord. No. 4581, § 1, 3-14-09; Ord. No. 4573, § 1, 12-13-08; Ord. No. 4678, § 2, 6-22-10; Ord. No. 4709, § 1, 3-12-11; Ord. No. 4734, § 1, 6-28-11; Ord. No. 4787, § 1, 2-23-13; Ord. No. 4814, §§ 1, 2, 6-15-13; Ord. No. 4894, § 1, 6-14-14; Ord. No. 4930, §§ 1, 2, 2-21-15; Ord. No. 4962, § 1, 6-23-15; Ord. No. 4963, § 1, 6-23-15; Ord. No. 4996, § 1, 4-16-16; Ord. No. 5014, § 1, 5-14-16; Ord. No. 5027, § 1, 6-18-16; Ord. No. 5033, § 1, 6-28-16; Ord. No. 5095, § 1, 11-18-17; Ord. No. 5109, § 1, 2-24-18; Ord. No. 5161, § 1, 10-13-18; Ord. No. 5173, § 1, 11-17-18; Ord. No. 5191, § 1, 12-15-18; Ord. No. 5197, § 1, 1-12-19; Ord. No. 5221, § 1, 4-13-19; Ord. No. 5239, § 1, 9-14-19; Ord. No. 5259, § 58, 12-14-19; Ord. No. 5290, § 1, 7-7-20; Ord. No. 5291, § 1, 7-7-20; Ord. No. 5303, § 4, 10-17-20; Ord. No. 5321, § 20, 1-23-21; Ord. No. 5323, § 1, 1-23-21; Ord. No. 5352, § 1, 6-19-21; Ord. No. 5366, § 1, 9-18-21; Ord. No. 5382, § 1, 11-13-21; Ord. No. 5383, § 22, 11-13-21; Ord. No. 5408, § 1, 2-12-22; Ord. No. 5439, § 1, 6-18-22; Ord. No. 5451, § 1, 9-17-22; Ord. No. 5469, § 1, 12-17-22; Ord. No. 5490, § 4, 5-13-23; Ord. No. 5515, § 5, 12-16-23; Ord. No. 5529, § 4, 4-13-24; Ord. No. 5538, § 1, 5-18-24; Ord. No. 5555, § 1, 7-2-24; Ord. No. 5570, § 1, 1-25-25; Ord. No. 5581, § 1, 4-26-25; Ord. No. 5593, § 3, 6-14-25)