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Herndon City Zoning Code

ARTICLE IV

BUSINESS DISTRICTS

Sec. 78-40.- Business districts.

The following sections contain provisions pertaining to business zoning districts.

(Ord. No. 17-O-13, 8-8-2017)

Sec. 78-40.1. - CC - Central commercial district.

(a)

Purpose and intent. The CC has historical and cultural significance to the town because it includes Herndon's original downtown commercial area, with some structures predating the incorporation of the town in 1879. The CC preserves the original downtown commercial lands as the town's center, at a scale, form, and intensity of use compatible with the original development of the district. The intent of the district is to allow for a mix of office, service commercial, retail commercial, entertainment, cultural, government, and civic uses. Zoning map amendments for CC zoning shall be confined to those lands designated as sectors 1 and 2 in the Downtown Overlay as shown in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended.

(b)

Intensity. The maximum floor area ratio permitted in the CC district is .5.

(c)

Principal uses. Table 78-40.1(c)(3) lists uses permitted and allowed in the CC district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the CC district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the CC district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in CC district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VII, Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in the CC district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Use Regulations.

(3)

Table of principal permitted and allowed uses in the CC district.

Table 78-40.1(c)(3): Principal Permitted and Allowed Uses CC
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
USE
CATEGORY
USE TYPECCSee
Supplemental Regulations
Residential Multi-Family Dwelling within a Mixed-Use Building P In the CC District, this use is only above the first floor and is limited to a maximum of two such dwellings per building
Housing for the Elderly P §78-71.1
Education Childcare Center, Daycare Center or Preschool S §78-71.2
Government Facilities Government Buildings, Facilities and Uses not Otherwise Categorized S §78-71.3
Institutional and Community Services Uses Community Centers S §78-71.4
Library P §78-71.4
Museum, Fine Arts Center P §78-71.4
Senior Center P §78-71.4
Alcohol Production Facilities, Small Craft Breweries, Micro-Distilleries, Micro-Cideries, Micro wineries (without on-site vineyard) P §78-71.5
Brewpubs (eating establishment where food is prepared and served but also to produce alcoholic beverages on a small scale.) P §78-71.5
Eating Establishments Restaurant P §78-71.6
Entertainment, Indoor Commercial Recreation/Entertainment, Indoor S §78-71.8
Offices All Office Uses (excluding any medical or health related services - see "health care facility") P §78-71.7
Personal Services and Retail Sales Artist's Studio or Gallery P §78-71.10
Dry-Cleaning/Laundry, Laundromats S §78-71.10
Financial Institution P §78-71.10
Funeral Home P §78-71.10
Health Care Facility P §78-71.10
Health Care Laboratory P §78-71.10
Mailing and Packing Service S §78-71.10
Personal Services, General P §78-71.10
Pharmacy P §78-71.10
Product Repair and Services P §78-71.10
Retail Sales P §78-71.10
School of Special Instruction S §78-71.10
Other Personal Services and Retail Sales Uses P §78-71.10
Commercial Utilities Commercial Communication Tower, Freestanding S §78-71.13
Transportation and Parking Parking Facility, Commercial or Public, Permanent S §78-71.17

 

(d)

Accessory uses and structures. Table 78-40.1(d)(3) lists uses permitted and allowed in the CC district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the CC district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other accessory uses not listed on the following table are not allowed in the CC district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1. F.

(1)

"P" permitted. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in CC district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of permitted and allowed accessory uses in CC district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(3)

Table of permitted and allowed accessory uses in the CC district.

Table 78-40.1(d)(3): Permitted and Allowed Accessory Uses CC
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
ACCESSORY USECCSupplemental Use Regulations
Accessory Food Preparation - Wet Bar P §78-80.4(b)
Antennae co-location P §78-80.4(c)
Commercial Communication Towers, Freestanding S §78-71.13
Daycare Center, Childcare Center or Pre-School S §78-80.4(i)
Financial Institutions, Accessory P §78-80.4(k)
Minor Utilities P §78-80.4(m)
Mobile Food Unit Preparer, Full Service P §78-80.4(t)
Outdoor Restaurant Seating P §78-80.4(n)
Outdoor Display of Products for Sale P §78-80.4(o)
Parapets, Penthouses for Equipment and Other Roof Structures P §78-80.4(d)
School Uses in Conjunction with and on the same site as, Religious Institution S §78-80.4(r)
Small cell facilities on a utility distribution or transmission pole P §78-71.13
Social Service and Similar Community Services Uses S §78-80.4(s)
Features such as fences, walls, retaining walls, gate houses, trash enclosures, refuse containers, screening enclosures, storage sheds, swimming pools P §78-80.3(c)
§78-21(f)

 

(4)

Accessory structures in the CC district. Accessory structures within the CC district shall conform to the standards of Article VIII.

(e)

Temporary uses and structures. Temporary uses or structures shall be permitted and governed per Article IX, Temporary Uses and Structures.

(f)

Restricted and prohibited uses. Additional use limitations apply to certain uses in the CC district as follows:

(1)

Outdoor display and sale of products. The outdoor display of products for sale shall comply with section 78-80.4(p)

(2)

Vehicular sales. The commercial display and sale of vehicles is generally prohibited but the sale of individually owned vehicles may be permitted pursuant to section 78-80.1(g)(a)

(g)

Dimensional standards. All primary and accessory structures in the CC zoning district are subject to the dimensional standards set forth in Table 78-40.1(g) CC Table of Dimensional Standards. These standards may be further limited or modified by other applicable sections of this chapter. Accessory structures are subject further to the standards in Article VIII, Definitions, for terms in this section may be found in Article XVIII, Definitions.

TABLE 78-40.1(g): CC DIMENSIONAL STANDARDS
STANDARDALL USES
Lot Area, Minimum (sq. ft.) None
Lot Width, Minimum at setback line (feet) None
Setback, Minimum (feet) Refer to section § 78-40.6, Downtown
Side Yard, Minimum (feet) Adjacent to Residential District 1 : Greater of 25' or building height 2 ;
Not Adjacent to Residential District: None
See also section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.
Rear Yard, Minimum (feet) Adjacent to Residential District 1 : Greater of 25' or building height 2 ;
Not Adjacent to Residential District: None
See also section 110.4(e)(3)a. and section 78-110.4(e)(3)b.
Height, Maximum (feet) 40'
Height, Minimum 20'
Floor Area Ratio, Maximum .5
Open Space, Minimum 15%
Notes:
1 Adjacent to Residential District: indicates that a special side or rear yard requirement applies for every lot line abutting a parcel zoned for residential use when the parcel is used for residential purposes or is undeveloped. The special yard requirement is as indicated above.
2 Building Height: indicates that the required setback or yard is equal to the height of the tallest building on the site where the setback or yard is required.

 

(h)

Open space. A minimum of 15 percent of the development site shall be designated as open space and shall be subject to the general Open Space Standards in Article XI, section 78-113.

(i)

Development standards. Development in the CC zoning district shall be subject to all applicable standards of Article XI, Development Standards and specific standards as follows:

(1)

Landscaping, buffering and screening. Development in the CC district shall conform to the landscaping, buffer and screening standards in Article XI and Development Standards, Perimeter Buffer Strip Requirements in section 78-110.3 and Table 78-110.3(e)(4)b.

(2)

Exterior lighting. Development in the CC district shall conform to the exterior lighting standards in section 78-130.9

(3)

Fences and walls. Development in the CC district shall conform to the exterior lighting standards in section 78-115.2 and 78-115.2(h), specifically.

(j)

Noise, vibration, etc. Development in the CC district shall conform to the applicable performance standards of Article XIII, Performance Standards.

(k)

Parking and circulation. Development in the CC district shall be subject to all applicable standards of Article X, Parking, Loading, and Circulation.

(l)

Signs. Signs in the CC zoning district shall be subject to the provisions of Article XIV.

(m)

Nonconformities. Nonconforming uses and structures in the CC district shall be subject to the provisions of Article XVI

(n)

Application requirements and application review process. Applications for development in the CC district shall be subject to Article XV.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 20-O-01, § 1, 1-14-2020)

Sec. 78-40.2. - CS - Commercial services district.

(a)

Purpose and intent. The CS district provides development opportunities for retail, service commercial, and related uses, as well as to manage commercial development design and vehicular access along major transportation corridors within the town. Recognizing that the zoning map designates two major vehicular gateways into the town as CS districts, CS regulations are intended to help ensure a level and character of quality construction and architecture that impress citizens and visitors with creative design and that promote organizational purpose in the commercial service district. More specifically, the regulations strive to: enhance the appearance and character of development on CS district lands, and ensure its compatibility with surrounding development; coordinate the pedestrian and traffic circulation systems of development on CS district lands with the pedestrian and traffic circulation patterns of surrounding lands; facilitate access between development on CS lands and adjacent lands; and limit the number and control the location of ingress and egress points to CS district lands to encourage and ensure automotive and pedestrian safety and convenience. Zoning map amendments for CS districts requested after the effective date of this chapter shall be confined to those lands designated as CS, or those lands designated as Adaptive Area on the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended.

(b)

Intensity. The maximum floor area ratio permitted in the CS district is .3.

(c)

Principal uses. Table 78-40.2(c)(3) lists uses permitted and allowed in the CS district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the CS district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII Other uses not listed on the following table are not allowed in the CS district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in CS district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI Development Standards and Article VII, Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of permitted and allowed accessory uses in CS district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VII Use Regulations.

(3)

Table of principal permitted and allowed uses in the CS district.

Table 78-40.2(c)(3): Principal Permitted and Allowed Uses CS
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
USE
CATEGORY
USE TYPECSSee
Supplemental Regulations
Government Facilities Government Buildings, Facilities and Uses not Otherwise Categorized S §78-71.3
Institutional and Community Service Uses Hospital S §78-71.4
Library P §78-71.4
Alcohol Production Facilities, Small Craft Breweries, Micro-Distilleries, Micro-Cideries, Micro wineries (without on-site vineyard) P §78-71.5
Brewpubs (eating establishment where food is prepared and served but also to produce alcoholic beverages on a small scale.) P §78-71.5
Eating Establishments Restaurant P §78-71.6
Drive-In Restaurant [not drive-through window service] 1 S §78-71.6
Entertainment, Indoor Commercial Recreation/Entertainment, Indoor P §78-71.8
Lodging Businesses Conference Center, Hotel, Motel, Inn Boarding House, Rooming House S §78-71.12
Offices All Office Uses (excluding any medical or health related services - see "health care facility") P §78-71.7
Personal Services and Retail Sales Animal Hospital, Kennel, Pet Daycare, Animal Shelter, and Veterinary Clinic P §78-71.10
Artist's Studio or Gallery P §78-71.10
Dry-Cleaning/Laundry, Laundromats P §78-71.10
Durable Goods Sales P §78-71.10
Financial Institution P §78-71.10
Health Care Facility P §78-71.10
Health Care Laboratory P §78-71.10
Mailing and Packing Service P §78-71.10
Personal Services, General P §78-71.10
Pharmacy P §78-71.10
Product Repair and Services P §78-71.10
Retail Sales P §78-71.10
School of Special Instruction P §78-71.10
Other Personal Services and Retail Sales Uses P §78-71.10
Vehicle Sales and Services Vehicle Sales (new) S §78-71.11
Vehicle Repair; Transmission and Muffler Shops, Sales of Vehicle Parts and Tires S §78-71.11
Recreational Vehicle Rental and Sales S §78-71.11
Vehicle Fuel Sales (with or without convenience store) S §78-71.11
Commercial Utilities Commercial Communication Tower, Freestanding S §78-71.13
Electrical Substation S §78-71.13
Telecommunication Switching Station S §78-71.13
Utility-Related Maintenance and Storage Yards S §78-71.13
Industrial Service Dry Cleaning or Laundry Plants S §78-71.14
Transportation and Parking Parking Facility, Commercial or Public, Permanent S §78-71.17
Warehousing Electronic Warehousing S §78-71.18
1  See also Article VIII, Definitions. Drive-in (not drive-through) window service is a term used to describe an establishment designed to be operated to serve a patron while seated in an automobile parked in an off-street parking space.

 

(d)

Accessory uses and structures. Table, 78-40.2(d)(3) lists uses permitted and allowed in the CS district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the CS district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other accessory uses not listed on the following table are not allowed in the CS district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in CS district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VIII Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of permitted and allowed accessory uses in CS district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(3)

Table of permitted and allowed accessory uses in the CS district.

Table 78-40.2(d)(3): Permitted and Allowed Accessory Uses CS
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
ACCESSORY USECSSee Supplemental Regulations
Accessory Food Preparation - Wet Bar P §78-80.4(b)
Antennae co-location P §78-80.4(c)
Car/Vehicle Rental S §78-80.4(e)
Car/Vehicle Wash (accessory to other automotive uses) P §78-80.4(f)
Caretaker or Security Guard's Residence P §78-80.4(h)
Commercial Communication Towers, Freestanding S §78-71.13
Daycare Center, Childcare Center or Pre-School S §78-80.4(i)
Drive-Through Service S §78-80.4(j)
Financial Institutions, Accessory P §78-80.4(k)
Minor Utilities P §78-80.4(m)
Mobile Food Unit Preparer, Full Service P §78-80.4(t)
Outdoor Restaurant Seating P §78-80.4(n)
Outdoor Storage (as an accessory use) P §78-80.4(o)
Outdoor Display of Products for Sale P §78-80.4(p)
Parapets, Penthouses for Equipment and Other Roof Structures P §78-80.3(d)
Small cell facilities on a utility distribution or transmission pole P §78-71.13
Social Service and Similar Community Service Uses S §78-80.4(s)
Features such as fences, walls, retaining walls, gate houses, trash enclosures, refuse containers, screening enclosures, storage sheds, swimming pools P §78-80.3(c)
§78-21(f)

 

(4)

Accessory structures in the CS district. Accessory structures within the CS district shall conform to the standards of Article VIII.

(e)

Temporary uses and structures. Temporary uses or structures shall be permitted and governed per Article IX, Temporary Uses and Structures.

(f)

Restricted and prohibited uses. Additional use limitations apply to certain uses in the CS district as follows:

(1)

Outdoor display and sale of products. The outdoor display of products for sale shall comply with section 78.80-4(g)(a).

(2)

Vehicular sales. The commercial display and sale of vehicles is generally prohibited but the sale of individually owned vehicles may be permitted pursuant to section 78-80.4(p).

(g)

Dimensional standards. All primary and accessory structures in the CS zoning district are subject to the dimensional standards set forth in Table 78-40.2(g): CS Table of Dimensional Standards. These standards may be further limited or modified by other applicable sections of this chapter. Accessory structures are subject further to the standards in Article VIII, Accessory Uses. Definitions for terms in this section may be found in Article XVIII, Definitions.

TABLE 78-40.2(g): CS DIMENSIONAL STANDARDS
STANDARD ALL USES
Lot Area, Minimum (sq. ft.) None
Lot Width, Minimum at setback line (feet) None
Setback, Minimum (feet) 25'
Setback, Maximum (feet) 100'
Side Yard, Minimum (feet) Adjacent to Residential District. 1 : Greater of 25' or building height 2 ; or as specified in the buffer classification in See also section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.
Not Adjacent to Residential District: 7.5', or as specified in the buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.
Rear Yard, Minimum (feet) Adjacent to Residential District. 1 : Greater of 25' or building height 2 ; or as specified in the buffer classification in See also section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.
Not Adjacent to Residential District: 7.5', or as specified in the buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.
Height, Maximum (feet) 45' (See also Sec. 78-40.6 Downtown for CS Property Located within sector 3 of the Downtown)
Floor Area Ratio, Maximum .3
Open Space, Minimum 25%
Notes:
1 Adjacent to Residential District: indicates that a special side or rear yard requirement applies for every lot line abutting a parcel zoned for residential use when the parcel is used for residential purposes or is undeveloped. The special yard requirement is as indicated above.
2 Building Height: indicates that the required setback or yard is equal to the height of the tallest building on the site where the setback or yard is required.

 

(h)

Open space. A minimum of 25 percent of the development site shall be designated as open space and shall be subject to the general open space standards in Article XI, section 78-113.

(i)

Development standards. Development in the CS zoning district shall be subject to all applicable standards of Article XI, Development Standards and specific standards as follows:

(1)

Landscaping, buffering and screening. Development in the CS district shall conform to the landscaping, buffer and screening standards in Article XI and Development Standards, Perimeter Buffer Strip Requirements in section 78-110.3 and Table 78-110.3(e)(4)b.

(2)

Exterior lighting. Development in the CS district shall conform to the exterior lighting standards in section 78-130.9.

(3)

Fences and walls. Development in the CS district shall conform to the exterior lighting standards in section 78-115.2 and 78-115.2(h), specifically.

(j)

Noise, vibration, etc. Development in the CS district shall conform to the applicable performance standards of Article XIII, Performance Standards.

(k)

Parking and circulation. Development in the CS district shall be subject to all applicable standards of Article X, Parking, Loading, Circulation and Visibility.

(l)

Signs. Signs in the CS zoning district shall be subject to the provisions of Article XIV.

(m)

Nonconformities. Nonconforming uses and structures in the CS district shall be subject to the provisions of this article.

(n)

Application requirements and application review process. Applications for development in the CS district shall be subject to Article XV.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 20-O-01, § 1, 1-14-2020; Ord. No. 21-O-05, § 1, 3-23-2021)

Sec. 78-40.3 - CO - Commercial office district.

(a)

Purpose and intent. The intent of the CO district is to provide development opportunities for office uses that are principally used during daylight hours and that may serve as a transition between residential and retail commercial and service commercial uses. The district regulations promote pedestrian-oriented development as well as connectivity between residential and office uses. This district requires strict development controls in instances where it is adjacent to residential districts. Zoning map amendments for CO districts requested after the effective date of this chapter shall be confined to those lands designated as adaptive area or services and industries in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended.

(b)

Intensity. The maximum floor area ratio permitted in the CO district is .5.

(c)

Principal uses. Table 78-40.3(c)(3) lists uses permitted and allowed in the CO district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the CO district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the CO district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in CO district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VII Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in CO district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VII, Use Regulations.

(3)

Table of principal permitted and allowed uses in the CO district.

Table 78-40.3(c)(3): Principal Permitted and Allowed Uses CO
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
USE
CATEGORY
USE TYPECOSee
Supplemental Regulations
Education Childcare Center, Daycare Center or Preschool S §78-71.2
Post-Secondary Education and Career Schools S §78-71.2
School, Public or Private (K-12) S §78-71.2
Government Facilities Government Buildings, Facilities and Uses not Otherwise Categorized S §78-71.3
Community Centers S §78-71.4
Convalescent Home S §78-71.4
Hospital S §78-71.4
Museum, Fine Arts Center S §78-71.4
Religious Institution (with a capacity of 300 or fewer persons) gathered for religious observance in, with or without any accessory schools, daycare centers, or recreational facilities S §78-71.4
Eating Establishments Restaurant S §78-71.6
Offices All Office Uses (excluding any medical or health related services - see "health care facility") P §78-71.7
Personal Services and Retail Sales Animal Hospital, Kennel, Pet Daycare, Animal Shelter, and Veterinary Clinic S §78-71.10
Artist's Studio or Gallery P §78-71.10
Dry-Cleaning/Laundry, Laundromats S §78-71.10
Financial Institution P §78-71.10
Health Care Facility P §78-71.10
Health Care Laboratory P §78-71.10
Mailing and Packing Service S §78-71.10
Personal Services, General S §78-71.10
Pharmacy P §78-71.10
Product Repair and Services S §78-71.10
Retail Sales S §78-71.10
School of Special Instruction S §78-71.10
Other Personal Services and Retail Sales Uses S §78-71.10
Commercial Utilities Commercial Communication Tower, Freestanding S §78-71.13
Transportation and Parking Parking Facility, Commercial or Public, Permanent S §78-71.17

 

(d)

Accessory uses and structures. Table 78-40.3(c)(3) lists uses permitted and allowed in the CO district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the CO district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other accessory uses not listed on the following table are not allowed in the CO district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in CO district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of permitted and allowed accessory uses in CO district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI Development Standards and Article VIII, Accessory Use Regulations.

(3)

Table of permitted and allowed accessory uses in the CO district.

Table 78-40.3(d)(3): Permitted and Allowed Accessory Uses CO
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
ACCESSORY USECOSupplemental Use Regulations
Accessory Food Preparation - Wet Bar P §78-80.4(b)
Antennae co-location P §78-80.4(c)
Commercial Communication Towers, Freestanding S §78-71.13
Daycare Center, Childcare Center or Pre-School S §78-80.4(i)
Financial Institutions, Accessory P §78-80.4(k)
Minor Utilities P §78-80.4(m)
Mobile Food Unit Preparer, Full Service P §78-80.4(t)
Outdoor Restaurant Seating P §78-80.4(n)
Parapets, Penthouses for Equipment and Other Roof Structures P §78-80.3(d)
Small cell facilities on a utility distribution or transmission pole P §78-71.13
Features such as fences, walls, retaining walls, gate houses, trash enclosures, refuse containers, screening enclosures, storage sheds, swimming pools P §78-80.3(c)
§78-21(f)

 

(4)

Accessory structures in the CO district. Accessory structures within the CO district shall conform to the Standards of Article VIII.

(e)

Temporary uses and structures. Temporary uses or structures shall be permitted and governed per Article IX, Temporary Uses and Structures.

(f)

Restricted and prohibited uses. Additional use limitations apply to certain uses in the CO district as follows:

(1)

Outdoor display and sale of products. The outdoor display of products for sale shall comply with section 78-80.4(g)(a)

(2)

Vehicular sales. The commercial display and sale of vehicles is generally prohibited but the sale of individually owned vehicles may be permitted pursuant to section 78-80.4(p).

(g)

Dimensional standards. All primary and accessory structures in the CO zoning district are subject to the dimensional standards set forth in Table 78-40.3(g): CO Table of Dimensional Standards. These standards may be further limited or modified by other applicable sections of this chapter. Accessory structures are subject further to the standards in Article VIII. Definitions for terms in this section may be found in Article XVIII, Definitions.

TABLE 78-40.3(g): CO DIMENSIONAL STANDARDS
STANDARD ALL USES
Lot Area, Minimum (sq. ft.) 10,000
Lot Width, Minimum at setback line (feet) Interior Lots: 60'
Corner Lots: 100'
Setback, Minimum (feet) Greater of: 25', or Building Height, or as specified in the buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.,
Side Yard, Minimum (feet) Adjacent to Residential District. 1 : Greater of 25' or building height 2 ; or as specified in the buffer classification section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.,
Not Adjacent to Residential District: 10', or as specified in the buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.,
Rear Yard, Minimum (feet) Adjacent to Residential District. 1 : Greater of 25' or building height 2 ; or as specified in the buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.,
Not Adjacent to Residential District: 10', or as specified in the buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.,
Height, Maximum (feet) 60'
Floor Area Ratio, Maximum .5
Open Space, Minimum 25%
Notes:
1 Adjacent to Residential District: indicates that a special side or rear yard requirement applies for every lot line abutting a parcel zoned for residential use when the parcel is used for residential purposes or is undeveloped. The special yard requirement is as indicated above.
2 Building Height: indicates that the required setback or yard is equal to the height of the tallest building on the site where the setback or yard is required.

 

(h)

Open space. A minimum of 25 percent of the development site shall be designated as open space and shall be subject to the general open space standards in Article XI, section 78-113.2.

(i)

Development standards. Development in the CO zoning district shall be subject to all applicable standards of Article XI, Development Standards and specific standards as follows:

a.

Landscaping, buffering and screening. Development in the CO district shall conform to the landscaping, buffer and screening standards in Article XI and Development Standards, Perimeter Buffer Strip Requirements in section 78-110.3 and Table 78-110.3(e)(4)b.

b.

Exterior lighting. Development in the CO district shall conform to the exterior lighting standards for in section 78-130.9

c.

Fences and walls. Development in the CO district shall conform to the exterior lighting standards in section 78-115.2 and 78-115.2(h), specifically.

(j)

Noise, vibration, etc. Development in the CO district shall conform to the applicable performance standards of Article XIII, Performance Standards.

(k)

Parking and circulation. Development in the CO district shall be subject to all applicable standards of Article X, Parking, Loading, and Circulation.

(l)

Signs. Signs in the CO zoning district shall be subject to the provisions of Article XIV.

(m)

Nonconformities. Nonconforming uses and structures in the CO district shall be subject to the provisions of Article XVI

(n)

Application requirements and application review process. Applications for development in the CO district shall be subject to Article XV.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 20-O-01, § 1, 1-14-2020)

Sec. 78-40.4. - O&LI - Office and light industrial district.

(a)

Purpose and intent. The intent of the O&LI district is to provide development opportunities for high quality office uses, high technology and communications industry uses, uses for scientific research, development and training, uses for the assembly of technology products, and limited retail and services uses intended to serve primarily the employees within the other uses. To ensure high quality development, this district requires strict development controls. Development in the O&LI District should excel in architecture and site design, with uses located in high profile, landmark buildings in settings with high quality design. The standards of this district are designed to ensure uses are developed in a manner that is compatible with the use and enjoyment of nearby lands, and to minimize damage to the environment. Zoning map amendments for O&LI districts shall be confined to those lands designated as services and industries.

(b)

Intensity. The maximum floor area ratio permitted in the O&LI district is .7.

(c)

Principal uses. Table 78-40.4(c)(3), lists uses permitted and allowed in the O&LI district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the O&LI district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted development approval. Definitions for uses and terms in this section may be found in Article XVIII, Other uses not listed on the following table are not allowed in the O&LI district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in O&LI district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article XVIII, Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in O&LI district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VII Use Regulations.

(3)

Table of principal permitted and allowed uses in the O&LI district.

Table 78-40.4(c)(3): Principal Permitted and Allowed Uses O&LI
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
USE
CATEGORY
USE TYPEO&LISupplemental
Use Regulations
Education Childcare Center, Daycare Center or Preschool S §78-71.2
Post-Secondary Education and Career Schools S §78-71.2
Government Facilities Government Buildings, Facilities and Uses not Otherwise Categorized S §78-71.3
Institutional and Community Service Uses Hospital S §78-71.4
Museum, Fine Arts Center S §78-71.4
Religious Institution (with a capacity of 300 or fewer persons) gathered for religious observance in, with or without any accessory schools, daycare centers, or recreational facilities S §78-71.4
Alcohol Production Facilities, Small Craft Breweries, Micro-Distilleries, Micro-Cideries, Micro wineries (without on-site vineyard) S §78-71.5
Brewpubs (eating establishment where food is prepared and served but also to produce alcoholic beverages on a small scale.) S §78-71.5
Eating Establishments Restaurant S §78-71.6
Entertainment, Indoor Commercial Recreation/Entertainment, Indoor S §78-71.8
Entertainment, Outdoor Commercial Recreation/Entertainment, Outdoor S §78-71.9
Lodging Businesses Boarding House, Rooming House, Conference Center, Hotel, Motel, Inn S §78-71.12
Offices All Office Uses (excluding any medical or health related services - see "health care facility") P §78-71.7
Personal Services and Retail Sales Animal Hospital, Kennel, Pet Daycare, Animal Shelter, and Veterinary Clinic S §78-71.10
Artist's Studio or Gallery P §78-71.10
Dry-Cleaning/Laundry, Laundromats P §78-71.10
Durable Goods Sales S §78-71.10
Financial Institution P §78-71.10
Health Care Facility P §78-71.10
Health Care Laboratory P §78-71.10
Mailing and Packing Service P §78-71.10
Product Repair and Services P §78-71.10
School of Special Instruction P §78-71.10
Vehicle Sales and Services Vehicle Sales (new) S §78-71.11
Vehicle Repair; Transmission and Muffler Shops, Sales of Vehicle Parts and Tires S §78-71.11
Recreational Vehicle Rental and Sales S §78-71.11
Vehicle Fuel Sales (with or without convenience store) S §78-71.11
Commercial Utilities Commercial Communication Tower, Freestanding S §78-71.13
Electrical Substation S §78-71.14
Telecommunication Switching Station S §78-71.14
Utility-Related Maintenance and Storage Yards S §78-71.14
Industrial Service Dry Cleaning or Laundry Plants S §78-71.14
Scientific Research and Scientific Development P §78-71.14
All other Industrial Service Uses S §78-71.14
Light Manufacturing Uses involving Freight Delivery, Storage, Mass Production and Transporting of Finished Products S §78-71.15
All other Light Manufacturing Uses P §78-71.15
Self-Service Storage Self-Service Storage Uses S §78-71.16
Transportation and Parking Bus Maintenance Facility for Public Bus Service S §78-71.17
Parking Facility, Commercial or Public, Permanent S §78-71.17
Warehousing Electronic Warehousing S §78-71.18
Warehouse (storage) S §78-71.18
Wholesale Sales Contractor's Materials S §78-71.19
Wholesale Establishment S §78-71.19

 

(d)

Accessory uses and structures. Table 78-40.4(d)(3) lists uses permitted and allowed in the O&LI district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the O&LI district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other accessory uses not listed on the following table are not allowed in the O&LI district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted uses. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in O&LI district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VIII, Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of permitted and allowed accessory uses in O&LI district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(3)

Table of permitted and allowed accessory uses in the O&LI district.

Table 78-40.4(d)(3): Permitted and Allowed Accessory Uses O&LI
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
ACCESSORY USEO&LISupplemental Use Regulations
Accessory Food Preparation - Wet Bar P §78-80.4(a)
Antennae co-location P §78-80.4(c)
Car/Vehicle Rental S §78-80.4(e)
Car/Vehicle Used Sales S §78-80.4(g)
Car/Vehicle Wash (accessory to other automotive uses) S §78-80.4(f)
Caretaker or Security Guard's Residence P §78-80.4(h)
Commercial Communication Towers, Freestanding S §78-71.13
Daycare Center, Childcare Center or Pre-School S §78-80.4(i)
Drive-Through Service S §78-80.4(j)
Financial Institutions, Accessory P §78-80.4(k)
Minor Utilities P §78-80.4(m)
Mobile Food Unit Preparer, Full Service P §78-80.4(t)
Outdoor Restaurant Seating P §78-80.4(n)
Outdoor Storage (as an accessory use) P §78-80.4(o)
Parapets, Penthouses for Equipment and Other Roof Structures P §78-80.3(d)
School Uses in conjunction with, and on the same site as, Religious Institution S §78-80.4(r)
Small cell facilities on a utility distribution or transmission pole P §78-71.13
Features such as fences, walls, retaining walls, gate houses, trash enclosures, refuse containers, screening enclosures, storage sheds, swimming pools P §78-80.3(c)
§78-21(f)

 

(4)

Accessory structures in the O&LI district. Accessory structures within the O&LI district shall conform to the Standards of Article VIII.

(e)

Temporary uses and structures. Temporary uses or structures shall be permitted and governed per Article IX, Temporary Uses and Structures.

(f)

Restricted and prohibited uses. Additional use limitations apply to certain uses in the O&LI district as follows:

(1)

Outdoor display and sale of products. The outdoor display of products for sale shall comply with section 78-80.4(p).

(2)

Vehicular sales. The commercial display and sale of vehicles is generally prohibited but the sale of individually owned vehicles may be permitted pursuant to section 78-80.4(g).

(g)

Dimensional standards. All primary and accessory structures in the O&LI zoning district are subject to the dimensional standards set forth in Table 78-40.4(g): O&LI Table of Dimensional Standards. These standards may be further limited or modified by other applicable sections of this chapter. Accessory structures are subject further to the standards in Article VIII. Definitions for terms in this section may be found in Article XVIII, Definitions.

TABLE 78-40.4(g): O&LI DIMENSIONAL STANDARDS
STANDARD ALL USES
Lot Area, Minimum (sq. ft.) None
Lot Width, Minimum at setback line (feet) None
Setback, Minimum (feet) For Buildings Erected after the effective date of this chapter: Greater of: 35', or Building Height, or as specified in the buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.
For Buildings Erected Before Effective Date of Zoning Ordinance: 35'
Side Yard, Minimum (feet) Adjacent to Residential District. 1 : Greater of 100' with no parking within 60' of the residential district or; as specified in the buffer classification in section 78-110.4(e)(3)a and section 78-110.4(e)(3)b.
Not Adjacent to Residential District: 30', or as specified in the buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.
Rear Yard, Minimum (feet) Adjacent to Residential District. 1 : Greater of 100' with no parking within 60' of the residential district or; as specified in the buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.
Not Adjacent to Residential District: 30', or as specified in the buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b.
Height, Maximum (feet) Lesser of 5 stories or 75'; for an increase in height, see section 78-40.6 and Landmark Business
Floor Area Ratio, Maximum .7
Open Space, Minimum 20%
Notes:
1 Adjacent to Residential District: indicates that a special side or rear yard requirement applies for every lot line abutting a parcel zoned for residential use when the parcel is used for residential purposes or is undeveloped. The special yard requirement is as indicated above.
2 Building Height: indicates that the required setback or yard is equal to the height of the tallest building on the site where the setback or yard is required.

 

(h)

Open space. A minimum of 20 percent of the development site shall be designated as open space and shall be subject to the general Open Space Standards in Article XI, section 78-111.3.

(i)

Development standards. Development in the O&LI zoning district shall be subject to all applicable standards of Article XI, Development Standards and specific standards as follows:

(1)

Landscaping, buffering and screening. Development in the O&LI district shall conform to the landscaping, buffer and screening standards in Article XI, and Development Standards, Perimeter Buffer Strip Requirements in section 78-110.3 and Table 78-110.3(e)(4)b.

(2)

Exterior lighting. Development in the O&LI district shall conform to the exterior lighting standards for in section 78-130.9.

(3)

Fences and walls. Development in the O&LI district shall conform to the exterior lighting standards in section 78-115.2 and 78-115.2(h), specifically.

(j)

Noise, vibration, etc. Development in the O&LI district shall conform to the applicable performance standards of Article XIII, Performance Standards.

(k)

Parking and circulation. Development in the O&LI zoning district shall be subject to all applicable standards of Article X, Parking, Loading, and Circulation.

(l)

Signs. Signs in the O&LI zoning district shall be subject to the provisions of Article XIV.

(m)

Nonconformities. Nonconforming uses and structures in the O&LI district shall be subject to the provisions of Article XVI.

(n)

Application requirements and application review process. Applications for development in the O&LI district shall be subject to Article XV.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 20-O-01, § 1, 1-14-2020; Ord. No. 25-O-04, § 1, 4-8-2025)

Sec. 78-40.5. - Additional development provisions for business zoning districts.

(a)

Frontage. All lots shall have frontage on a public street.

(b)

Business activities to be enclosed. Except as may be specified in Article VII, Use Regulations, all business, service, storage and display of goods shall be conducted within a completely enclosed building. The storage and display of goods may be conducted in the exterior rear of the facility if enclosed by a masonry wall sufficient in height to completely screen such storage and display of goods but not less than six feet in height. This section does not apply to service stations or to approved outdoor eating facilities.

(c)

Refuse to be enclosed. All refuse shall be contained in an approved dumpster screened in accordance with Article XI, Development Standards.

(d)

Unified commercial subdivision. The town council may approve the subdivision of a nonresidential property which was or is proposed to be developed in accordance with a site plan encompassing the entirety of the proposed subdivision as a unified whole. The land use regulations of the town shall be applied to such unified commercial subdivision as a whole, so that it shall not be necessary for each lot within such subdivision to meet each regulation within the boundaries of the lot, but such regulation shall be deemed satisfied when the subdivision, considered as a whole, satisfies the land use regulations of the town. The following standards shall be met for a unified commercial subdivision:

(1)

Subdivision and site plan submission requirements. The subdivision and the site plan submission shall include a declaration of covenants, conditions and restrictions and deeds of easements and cross-easements or other measures which require the subdivision to be developed, maintained and utilized as a unified whole.

(2)

FAR limitations. The total floor area contained within the boundary lines of the unified commercial subdivision shall not exceed the maximum FAR for the zoning district, which shall be determined using the land area for the entire subdivision as if it were one lot. The applicable preliminary plan and site plan shall note the allocation of FAR among all lots.

(Ord. No. 17-O-13, 8-8-2017)

Sec. 78-40.6. - Additional development provisions and development options for specified business districts.

(a)

Downtown development and design. The following downtown shall apply in sectors 1, 2, 3, and a small part of sector 6 consisting of five townhouses on Center Street comprising part of Fortnightly Square (the downtown) of the Herndon Downtown Overlay (Map C Downtown Sectors Map and Downtown Master Plan, adopted February 22, 2011) as described in the "Herndon 2030 Comprehensive Plan" (August 12, 2008), as may be amended, for any development in any such zoning district. Where there is conflict between this section and other provisions of this chapter, the provisions of this section shall prevail.

(1)

Downtown streetscape. All sites shall be developed in accord with the "Downtown Streetscape" provisions of the Herndon Guidelines for the Planning and Design of Town Streetscape Projects (dated November 25, 2008, as may be amended, located in the Herndon Department of Community Development) as referenced in section 1-16, Herndon Town Code (2000) as amended. Downtown streetscape improvements that are made by an applicant as part of an approved development application may be counted toward the open space requirement for the lot.

(2)

Height. Building facades shall not be less than 20 feet in height as measured from the finished grade of the abutting public sidewalk to the top of the parapet on flat-roofed buildings or to the eave of pitched roof buildings. See Article IV business districts for additional height provisions.

(3)

Setback. The following setback standards shall apply in the downtown:

a.

Setback shall be sufficient to provide for a sidewalk or other streetscape improvements of a minimum of 12 feet in width.

b.

The 12-foot sidewalk or other streetscape improvements shall be provided and shall be located within the public right-of-way or on private property with a public street easement or within a combination of both.

c.

Landscaping and lighting structures are permitted in the setback area, if it is determined by the zoning administrator they are safe, do not impede pedestrian access and convenience, and are consistent with the Herndon Downtown Pattern Book adopted January 29, 2013, as amended, incorporated by reference. Off-street parking and loading areas are prohibited in the setback area.

d.

When a nonresidential streetscape abuts a residential streetscape or a sidewalk outside of the downtown, a smooth transition shall be provided between the two different types of sidewalks.

e.

Buildings shall abut the public sidewalk or other streetscape improvements, or a pedestrian plaza or landscaped area open to the public, located between the sidewalk and the building.

f.

Drive-aisles shall not be permitted between the sidewalk and the building.

g.

Parking is not permitted within ten feet of any street right-of-way, (including sidewalks), unless it is located directly behind the rear facade of the primary building. When parking is not located behind the rear facade of the building, the parking shall be screened from the adjacent street by a four-foot high solid, wall and by landscaping.

(4)

Pedestrian travel. The primary mode of transportation in the downtown is intended to be pedestrian travel. To facilitate safe and convenient pedestrian traffic within the downtown, pedestrian ways, alleys, convenience areas and rest areas shall be provided as needed, to provide connecting pedestrian ways. Not more than ten percent of the lot area may be required for this purpose.

(5)

Solid waste receptacles. Solid waste receptacles shall be provided in accordance with the provisions of section 78-114.2(c), standards for refuse collection and solid waste receptacles.

(6)

Transitional sites. Where a side or rear yard of a commercial use abuts residential zoned property, a six-foot high masonry wall shall be provided to act as an effective barrier between the commercial and residential district.

(b)

Landmark business option (CO and O&LI). As an option, the Landmark business provisions shall apply to any development within 1,500 feet of the northern boundary of the Dulles Toll Road or the western boundary of the Fairfax County Parkway when the development is located within the commercial-office district (CO), the office and light industrial district (O&LI). These provisions are established to allow development that provides a regional presence and convenient access on major thoroughfares as long as associated impact is mitigated as noted. The following standards shall apply to landmark business developments:

(1)

Increase in height and floor area. An increase in height over the height and floor area ratio allowed in the table of dimensional standards in the applicable business zoning district (CO or O&LI), may be permitted by a special exception in accordance with section 78-155.3 special exception, provided that:

a.

The resulting floor area ratio on the site does not exceed 1.0;

b.

The height of the building does not exceed 100 feet;

c.

The setback of the building is at least equivalent to the height of the building as provided in the table of dimensional standards in the applicable business zoning district;

d.

A minimum of 50 percent of the site that is the subject of the special exception is open space;

e.

Floodplain areas on the subject property may be dedicated to the town and count toward the required open space and green space if meeting applicable standards;

f.

No part of the structure or building on the site is located less than 500 feet from residential development or undeveloped land within a residential zoning district;

g.

No part of a building on the site is located more than 1,500 feet from the northern boundary of the Dulles Toll Road or from the western boundary of the Fairfax County Parkway;

h.

Transportation demand management techniques are used to reduce the traffic impact of the increase in building floor area; and

i.

At least 50 percent of the parking spaces for the structure or building are located inside a structure or building.

(c)

Landmark business alternate option (O&LI only). As an option, the landmark business alternate provisions shall apply to any development within 1,100 feet of the northern boundary of the Dulles Toll Road when the development is located within the office and light industrial district (O&LI). These provisions are established to allow development that provides a regional presence and convenient access on major thoroughfares and Metrorail as long as associated impact is mitigated as noted. The following standards shall apply to landmark business alternate developments:

(1)

Increase in height and floor area. An increase in height or floor area ratio over the height and floor area ratio allowed in table of dimensional standards in the O&LI zoning district, may be permitted by a special exception in accordance with section 78-155.3, special exception, provided that:

a.

The resulting floor area ratio on the parcel does not exceed 1.25.

b.

The height of the building does not exceed 160 feet or 275 feet when located within 500 feet of the Dulles Toll Road.

c.

The following setbacks and yards shall apply to all development subject to a special exception. The required streetscape improvements shall be provided and shall be located within the public right-of-way or on private property with a public street easement or within a combination of both. Buildings shall not be located further than 15 feet from the adjacent edge of the public streetscape. Between the edge of streetscape and the adjacent building the following uses may be permitted: restaurant seating with or without table service; bicycle racks and storage including but not limited to bicycles for bicycle sharing enterprises; streetscape furnishings; awnings; entrance features to include covered and uncovered steps, porticos, planters and landscaping; public art; vendor carts associated with existing on-site uses or under lease agreement with the owner of the property. Other than formal residential and hotel arrival areas such as a porte-cochere, drive-aisles shall not be permitted between the sidewalk and the building. Off-street parking and loading areas are prohibited in the setback area.

1.

Setback or yard abutting the Herndon Parkway. The setback or yard shall be sufficient to provide for the applicable streetscape improvements as described in the adopted comprehensive plan, Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core.

2.

Setback or yard abutting public streets other than Herndon Parkway or the Dulles Toll Road. The setback or yard shall be sufficient to provide for the applicable streetscape improvements as described in the adopted comprehensive plan and the Herndon Guidelines for the planning and design of town streetscapes as appropriate.

3.

Setback or yard abutting the Dulles Toll Road. For land abutting the future location of the Sugarland Run Trail, no structure shall be within 40 feet of the Dulles Toll Road right-of-way. Properties abutting the Dulles Toll Road right-of-way and the future Sugarland Run Trail shall incorporate provisions found in the town comprehensive plan and the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core for the Sugarland Run Trail. Where the Sugarland Run Trail does not abut the Dulles Toll Road right-of-way, no structure shall be within 20 feet of the Dulles Toll Road right-of-way.

4.

Internal yards. Building placement and relationship shall be as described within the Urban Design and Architectural Guidelines for the Herndon Transit-Oriented Core.

d.

To ensure adequate air, light, and privacy, building tower separation shall be as follows:

1.

A minimum horizontal separation of 65 feet between residential building towers above 80 feet.

2.

A minimum horizontal separation of 50 feet between nonresidential building towers above 80 feet.

e.

To facilitate safe and convenient pedestrian traffic near the Herndon Metro Station, pedestrian ways, alleys, convenience areas and rest areas shall be provided as needed.

f.

A minimum of 50 percent of the site that is the subject of the special exception is open space.

g.

Floodplain areas on the subject property may be dedicated to the town and count toward the required open space, green space and density calculation if meeting applicable standards.

h.

No part of the structure or building on the site is located less than 500 feet from single-family detached or attached residential development or undeveloped land within the R-10, RTC, or PD-R zoning districts.

i.

No part of a building on the site is located more than 1,100 feet from the northern boundary of the Dulles Toll Road or less than 1,000 feet from the southern boundary of the Spring Street right-of-way.

j.

One hundred percent of the net increase in vehicle trips to be generated by the use for which the special exception was granted over the number of vehicle trips associated with the maximum density permitted in the underlying zoning district shall be accommodated through the provision of street capacity additional to improvements shown in the Herndon Metro Station Area Plan adopted February 28, 2012.

k.

A transportation demand management program that includes typical transportation demand management techniques is used to reduce the traffic impact of the site by at least 25 percent.

l.

At least 50 percent of the parking spaces for the structure or building are located inside a structure or building.

m.

Mixed use. Inclusion of multi-family dwellings as part of a larger mixed-use project may be permitted by special exception provided:

1.

The application shall include an illustrative plan of development showing the larger mixed-use project, including the residential component and its outdoor recreational areas, and shall comply with Town of Herndon submittal requirements for a generalized development plan.

2.

Gross floor area of multi-family uses shall comprise no more than 60 percent of the gross floor area of the larger mixed-use project overall (excluding parking structures).

(d)

Gateway business option (O&LI only). As an option, these provisions shall apply to parcels zoned O&LI, located further than 500 feet from property zoned RTC or R-10, and located within 2,000 feet of the western boundary of the Fairfax County Parkway, and within 1,100 feet southward of the southern boundary of Spring Street.

(1)

Purpose and intent. These provisions are established to encourage and provide:

a.

Consolidation of smaller parcels and a decrease in the number of curb cuts and associated turning movements along Spring Street and the Herndon Parkway;

b.

Convenient access on major thoroughfares provided that associated traffic impacts are mitigated;

c.

Development of Class A offices, and research and technology facilities;

d.

Creation of a regional presence, serving as an attractive gateway to the town's office & light industrial district and the Herndon Transit-Oriented Core;

e.

Necessary public infrastructure and improvements to promote orderly development within the O&LI district, as well as the future transit-related growth area, while mitigating potential adverse impacts;

f.

A transition from a suburban development form to a transit oriented form of development; and

g.

Creation of a sustainable development pattern providing for the conservation or recycling of natural resources decreases in heat islands and state of the art stormwater management.

(2)

Increase in height and floor area. An increase in height over the height and floor area ratio allowed in Table 78-40.4(g) table of dimensional standards in the O&LI zoning district, may be permitted by a special exception in accordance with section 78-155.3, special exception, provided that:

a.

The parcel or parcels that are the subject of the special exception are not less than 200,000 square feet;

b.

When subject sites are comprised of multiple parcels, an application for a unified commercial subdivision or for parcel consolidation shall be submitted concurrent with the application for special exception;

c.

The resulting floor area ratio on sites does not exceed a floor area ratio of 1:25;

d.

The height of the building, inclusive of parking levels, does not exceed 110 feet, not including structures permitted above the height limit as provided by section 78-80.3(d);

e.

The height of parking structures does not exceed 100 feet exclusive of parapets;

f.

Unobstructed views of surface and structured parking areas shall be minimized through building placement, landscaping, and generally locating large parking facilities away from the most visible portions of the site. The majority of parking spaces shall be located within structured parking facilities;

g.

A minimum of 35 percent of the site is open space to include public streetscapes, public open spaces, private plazas combining pervious and impervious surfaces, landscaping, and green roofs;

h.

No part of any structure or building shall be within 500 feet of any property zoned R-10 or RTC;

i.

One hundred percent of the net increase in vehicle trips over the number of vehicle trips associated with the maximum density permitted in the underlying zoning district shall be mitigated through a combination of roadway capacity improvements additional to improvements shown in the Herndon Metro Station Area Plan adopted February 28, 2012 and Transportation Demand Management techniques (TDMs) which are provided and committed to by the applicant and designated to run with the land as a part of the special exception application. Proposed TDMs may include: a.m. and p.m. peak hour shuttles to the closest operational Metrorail station and mid-day service to shopping and dining establishments; covered bicycle racks, an organized bicycle sharing program for employees; and flexible working hours. Additional TDMs may be proposed;

j.

All new curb cuts along Spring Street and the Herndon Parkway shall be strategically located to minimize conflict with the operations of the Spring Street and Herndon Parkway intersection while meeting roadway design standards;

k.

No more than one full movement curb cut per development shall be permitted along the frontage of the Herndon Parkway;

l.

No more than one full movement curb cut per development shall be permitted along Spring Street;

m.

When an alternative roadway can provide access in addition to Spring Street or the Herndon Parkway, the alternative roadway shall be used; and

n.

When adjacent to a public right-of-way or right-of-way reservation, easement, or dedication, parking garage facades shall be designed to appear as habitable office space and shall be faced with materials to match on-site principal structures.

(3)

Setbacks and required yards setbacks and required yards shall be as follows:

a.

Along public rights-of-way the building and structure setback shall be adequate to provide a minimum public streetscape of 13 feet, consisting of an eight-foot sidewalk and five-foot-wide street tree planting strip.

b.

Frontages along the south and east side of Herndon Parkway shall include an 11-foot-wide two-way cycle track in addition to those features described above.

c.

Between external property lines, other than street rights-of-way, proposed building or structure setbacks or yards shall be a minimum distance of ten feet, unless a future right-of-way or shared access drive located between properties is proposed under which circumstance no minimum setback is required.

d.

When surface parking is proposed along street frontages, a screen consisting of a masonry wall not less than three and one-half feet in height or an evergreen hedge of at least two and one-half feet in height at planting shall be provided. The width of the planting area for any required hedge shall not be less than seven feet in width.

(Ord. No. 17-O-13, 8-8-2017)