The following sections contain provisions pertaining to principal uses.

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

(a)

Purpose and intent. Land uses are organized into groups called "use categories" which list specific "use types." Use categories are described in section 78-71. Standards are provided in this article for both "use categories" and "use types". Additional standards throughout this chapter may apply, such as in Article II, Zoning Districts, Article V, Development Standards, or Article XIII, Performance Standards.

(b)

Additional use specific standards. Regardless of whether a use category is permitted by right, permitted as a special exception, or allowed in a planned development, there may be additional regulations that are applicable to a specific use. Within this article is section 78-71, use categories: principal use categories, characteristics and types, and section 78-21, which applies to all zoning districts unless otherwise specified. Other standards appear elsewhere in Article VIII for Accessory Uses, Article IX, Temporary Uses and Structures, in Article XV for procedures for application approval, the dimensional standards for each zoning district and, Article XI, Development Standards, and perhaps other sections of the Herndon Town Code. It is the applicant's responsibility to ensure that all published rules, regulations, and standards have been captured in any application submitted for approval.

(c)

Developments with multiple principal uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore, and bakery, for example, would be in the category of personal services and retail sales category because all of the development's principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to applicable regulations within that category. Developments with multiple principal uses, such as shopping centers, shall incorporate only those uses permitted in the underlying zoning district.

(d)

Number of primary or principal structures per lot. There shall be no more than one primary or principal structure, plus permitted accessory structures, per lot or tract of land, except in the multi-family, planned development or business districts subject to the provisions of this chapter. To qualify as part of a single primary structure, a structure must be structurally linked to the rest of the primary structure.

(e)

Prohibited uses. Certain uses shall be prohibited as follows:

(1)

Uses not specifically allowed. A use not specifically allowed in this chapter is prohibited, except in accord with section 78-70.1(f), unlisted uses.

(2)

Donation drop-off boxes. Donation drop-off boxes exist informally in the town on July 1, 2013 and later. These donation drop-off boxes constitute buildings and uses and are subject to zoning regulation under Code of Virginia, § 15.2-2280. The town has not approved the location and existence of any donation drop-off box in the town; and so, these donations drop-off boxes constitute zoning violations. The town council ordains that donation drop-off boxes are not buildings or uses that the town council through legislation, or the zoning administrator through administrative order or determination, has, does, or will allow. The town council orders the town manager or zoning administrator, or both, to cause the existing donation drop-off boxes to be removed from the town on and after July 1, 2014, except where such course be prohibited by law of the United States of America. To this end, these officials may employ the powers and remedies set forth in under Code of Virginia, § 15.2-2286, and section 78-200.6 of this chapter.

(f)

Unlisted uses. Where a particular use type is not specifically listed in a zoning district or in Table 78-70.2(d), Table of Principal Permitted and Allowed Uses, and not otherwise prohibited, the zoning administrator will evaluate the unlisted use in accordance this section.

(1)

Request treated as interpretation. The request to review an unlisted use shall be treated as an interpretation pursuant to section 78-150.6(e), determination requests.

(2)

Review. The zoning administrator shall give due consideration to the intent of this chapter concerning the zoning district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question and may permit the use type upon finding the standards of section 78-70.1(f)(5), standards for approving unlisted uses, are met. Based on these considerations, the zoning administrator may alternatively find that the proposed use is not permitted in any district.

(3)

Listed uses may not be permitted in another district by interpretation. Where a particular use is specifically listed in the text of at least one zoning district and indicated as a permitted or allowed use in Table 78-70.2(d), Table of Principal Permitted and Allowed Uses, and the use is not otherwise prohibited, but is not listed in the text of any other zoning district or indicated as a permitted or allowed use in any other district on Table 78-70.2(d), the use is considered specifically prohibited in the other district(s), and the zoning administrator may not permit the use.

(4)

Effect of determination by the zoning administrator. In making a determination whether or not to approve an unlisted use, the zoning administrator's determination shall be binding on all officers, employees and departments of the town.

(5)

Standards for approving unlisted uses. To determine that the proposed use(s) has an impact that is similar in nature, function, and duration to the other listed use types permitted in a specific zoning district, the zoning administrator shall assess all relevant characteristics of the proposed use, including but not limited to the following:

a.

Sales type. The volume and type of sales, retail, wholesale; size and type of items sold and nature of inventory on the premises;

b.

Processing. Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution; any dangerous, hazardous, toxic, or explosive materials used in the processing;

c.

Storage and display. The nature and location of storage and outdoor display of merchandise; enclosed, open, inside, or outside the principal building; and predominant types of items stored (such as business vehicles, work-in-process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders);

d.

Similar uses. The type, size, and nature of buildings and structures normally occupied by the use or by similar uses;

e.

Employees and customers. The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;

f.

Transportation requirements. Transportation requirements, including the modal split for autos and freight, by volume type and characteristic of traffic generation to and from the site, trip purposes and whether trip purposes can be shared by other use types on the site;

g.

Parking requirements. Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other use types;

h.

Noise, smoke, etc. The amount and nature of any effects generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes;

i.

Utilities. Any special public utility requirements for serving the proposed use, including but not limited to water supply, waste water output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities;

j.

Adjacent properties. The impact on adjacent properties created by the proposed use in relation to other uses in the zoning district;

k.

Other sources. Other sources deemed appropriate by the zoning administrator, such as commonly accepted periodicals, publications by the American Planning Association, and other planning reference books;

l.

Notice of violation. When the question of the unlisted use arises as a result of a violation, the notice of violation shall be construed to be the zoning administrator's determination that the use is not approved.

(g)

Standards for any nonresidential use adjacent to residential uses (residential protection standards). As a condition of the approval of any nonresidential use located adjacent to residential uses, conditions may be applied to reduce or minimize any potential adverse impacts on residential property. Such conditions may include but are not limited to:

(1)

Hours. Hours of operation and deliveries;

(2)

Noise and glare. Location on a site of activities that generate potential adverse impacts on adjacent uses such as noise and glare;

(3)

Loading and delivery areas. Location of loading and delivery areas;

(4)

Lighting. Lighting location, intensity, and hours of illumination;

(5)

Outdoor activities and services. Placement and illumination of outdoor vending machines, telephones, or similar outdoor services and activities;

(6)

Landscaping and buffering. Additional landscaping and buffering to mitigate adverse impacts;

(7)

Height limitations. Height restrictions to preserve light and privacy and views of significant features from public property and rights-of-way;

(8)

Access to natural light. Preservation of natural lighting and solar access; and

(9)

Odors and fumes. Ventilation and control of odors and fumes.

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

(a)

Purpose. Table 78-70.2(d), Table of Principal Permitted and Allowed Uses, sets forth a summary of the uses permitted within the base zoning districts and indicates whether they are permitted "by right," allowed by special exception or through approval of a zoning map amendment for a planned development district. The use table also includes references to supplemental requirements or regulations applicable to the specific use.

(b)

Organization of uses and use table. The table of principal permitted and allowed uses, table 78-70.2(d), organizes the uses by principal uses, categories and types and shows the zoning district classifications where various uses are permitted or allowed.

(1)

Use categories. The use categories describe the major types of uses, based on common characteristics. The common characteristics of each use category are identified in section 78-71, use regulations: principal uses categories, characteristics and types.

(2)

Use types. The use categories are divided into specific use types that identify the principal uses considered to fall within characteristics identified in the use category. Use types are defined in more detail in Article XVIII, Definitions.

(c)

Use table format. The symbols listed in the use table have the following meanings:

(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. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards.

(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, if applicable, of Table 78-70.2(d), Table of Principal Permitted and Allowed Uses, and approval of a special exception (Section 78-155.3). It shall be unlawful to conduct a use requiring a special exception without proper approval of a special exception application.

(3)

"Z" allowed uses. A "Z" in a cell indicates that a use type is an allowed use in the respective planned development district, subject to approval as a planned development district (Section 78-155.1).

(4)

Uses not allowed. A blank cell indicates that the use type is prohibited in the zoning district.

(d)

Table of permitted and allowed uses. Table 78-70.2(d), Table of Principal Permitted and Allowed Uses, sets forth the uses permitted within the base zoning districts. See also Table 78-80.2, Accessory Use Table and Table 78-90.1(b) Temporary Uses and Structures.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-20, § 1, 7-9-2019; Ord. No. 25-O-01, § 1, 1-28-2025; Ord. No. 25-O-04, § 1, 4-8-2025; Ord. No. 25-O-13, § 1, 8-12-2025)

(a)

Purpose. As described above in section 78-70.2(d), the table of principal permitted and allowed uses organizes land uses into groups called "use categories" and lists specific "use types." The following sections contain provisions pertaining to principal uses by use category and use type.

(b)

Structure of these sections. These sections (78-71.1 through 78-71.19) describe each use category in the table of principal permitted and allowed uses (Table 78-70.2(d)) as follows:

(1)

Characteristics. Within each use category, the "Characteristics" section describes characteristics of the category. Principal uses are assigned to the category that most closely describes the nature of the principal use. Also listed are examples of accessory uses, which, unless otherwise stated in this chapter, are permitted in conjunction with a principal use and are subject to the same regulations as the principal use.

(2)

Examples. The "Examples" section under each use category lists examples of uses included in the respective use category. The examples are based on common terms and not on what a specific use may call itself. For example, a use that calls itself "Wholesale Sales," but sells mostly to consumers, is included in the personal services and Retail Sales category rather than the wholesale sales category. This is because the activity on the site matches the characteristics of the personal services and retail sales category.

(3)

Use types and specific use standards. Definitions for use types are found in Article XVIII, Definitions. The "Specific Use Standards," provides standards for use types are found in sections 78-71.1 through 78-71.19.

(c)

Relationship to other regulations and standards. Standards are provided in this section for both "use categories" which are defined and described in detail in sections 78-71.1 through 78-71.19 and "use types." Definitions for use types are found in Article XVIII, Definitions. Additional standards throughout this chapter may also apply to use categories and types, such as in Article II, Zoning Districts, or Article XI, Development Standards.

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

(a)

Characteristics. The residential use category is characterized by the residential occupancy of a dwelling or residential facility by an individual or a household meeting the definition of a family. Tenancy is arranged on a month-to-month or longer basis.

(b)

Examples. Example use types include single-family detached dwellings, duplex dwellings, multi-family dwellings, assisted living for the elderly or persons with disabilities, or townhouse dwellings. Group homes are also included as described in the Code of Virginia, § 15.2-2291.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Transient lodging. Transient lodging is not permitted in the residential use category. Transient lodging, including, hotels, motels, inns, conference centers, boarding houses and lodging houses, are in the lodging businesses category.

(2)

Convalescent home. Convalescent home is in the institutional and community services use category.

(3)

Home-based businesses. Home-based businesses, including childcare in the home, are permitted as accessory uses that are subject to additional standards. (See section 78-80.5).

(4)

Bed and breakfast and short-term rentals. Bed and breakfast establishments are permitted as accessory uses subject to additional standards in [section] 78-80.4(d), bed and breakfast establishment and [section] 78-80.4(u), short-term rentals.

(5)

Accessory dwelling. Accessory dwelling units are permitted as accessory uses subject to additional standards as listed in section 78-80.4(a).

(6)

Multifamily dwelling. In the PD-TOC and PD-TRG zoning districts, multi-family dwelling shall not include stacked units.

(d)

Residential use category specific use standards. All uses shall comply with all applicable standards in this chapter. In addition, the following standards shall apply, unless, in the judgment of the reviewing authority, exceptional circumstances warrant adjustment:

(1)

Housing for the elderly. Housing for the elderly shall meet the following standards:

a.

Age requirements. All residents shall be adults, of which at least one resident in each unit is 62 years of age or older, units occupied by persons employed by the housing management are not subject to this restriction. All lots shall have frontage on a public street.

b.

Location. Such housing shall be located so that shopping, health care, and recreational facilities are readily accessible, and adequate transportation to such facilities is available.

c.

Accessory uses. Accessory uses such as legal and health care offices, dental clinics, pharmacies, post offices, restaurants, cafeterias, hair salons, and other similar uses that serve residents are permitted.

(2)

Occupancy of vehicles or accessory structures as residential units prohibited. Residential occupancy shall not be allowed in any accessory structure except under the provisions of section 78-80.4(a), standards for specific accessory uses and structures, accessory dwelling unit. Under no circumstances is residential occupancy permitted in any shed, boat, tent, portable storage unit, recreational vehicle, or similar device.

(3)

Establishment of unauthorized dwelling units prohibited. Establishment of an unauthorized dwelling unit in any building or division of a dwelling unit is prohibited except when legally established as an accessory use pursuant to section 78-80.4(a).

a.

Conditions constituting an unauthorized dwelling unit. An unauthorized dwelling unit within a building shall be presumed to have been created when contiguous areas for living, sleeping, eating, cooking, and sanitation are designed in such a manner as to establish a distinct, separate, and self-contained living or housekeeping unit. The existence of any one of the following conditions shall be considered to be an unauthorized dwelling unit, when established absent approval of a legally established accessory dwelling pursuant to 78-80.4(a).

1.

A secured internal access/connection is maintained that prevents full access to all of the common living areas (exclusive of private bedroom/bath areas) to all occupants of the dwelling unit.

2.

More than one assigned address or more than one electric, water or gas meter serving the building.

3.

Use of part of a previously approved dwelling unit for an additional dwelling unit providing complete, independent living facilities for a single-family dwelling including provisions for living, sleeping, eating, or sanitation.

(4)

Residential condominiums, condominium and cooperative conversions. Residential condominiums, condominium and cooperative conversions may occur in accordance with this section, condominium and cooperative conversions, and section 78-155.3(e)(4), special review standards for condominium conversions of nonconforming properties. In addition, the following standards shall be met:

a.

Compliance with density and zoning district provisions. Condominiums and cooperative conversion developments shall comply with the maximum density and other provisions of the zoning district in which located.

b.

Lot requirements. Notwithstanding the specific minimum lot size requirements and minimum yard requirements specified for a given zoning district, a single-family detached or attached dwelling condominium development may be permitted under the condominium laws of Virginia subject to the following provisions in single-family attached dwelling developments:

1.

The minimum lot size and minimum yard requirements of the zoning district in which located shall be met as if lot lines existed.

2.

The minimum lot size and minimum yard requirements of the zoning district in which located shall be met as if lot lines existed, and all dwelling units shall be subject to the same requirement to have access to a dedicated public street as single-family dwelling units located on lots which result from a subdivision of land, except as provided for by the provisions of the Herndon Town Code, Chapter 70, the Subdivision Ordinance.

c.

Yard requirements for community facilities. The location of any community structure, such as a clubhouse or swimming pool, shall be governed by the minimum yard requirements presented for all other structures in the zoning district in which located.

d.

Accessory structures. Accessory structures shall be permitted in general accordance with the provisions of Article VIII, Accessory Uses and Structures, as determined by the zoning administrator.

e.

Sales office. A temporary sales office occupying one of the residential condominium units may be permitted in accordance with the provisions of Article IX, Temporary Uses and Structures.

f.

Management office. An on-site management office shall be permitted in general accordance with the provisions of Article VIII, Accessory Uses and Structures.

g.

Special leasing provisions for elderly or disabled tenants. Elderly or disabled tenants occupying as their residence, apartments or units in a conversion condominium, shall be offered leases or extensions of leases on the apartments or units they occupy, or on other apartments or units of at least equal size and overall quality, at the time of issuance of formal notice to each of the tenants of the building or buildings which the declarant has submitted or intends to submit to the condominium conversion provisions under the Code of Virginia.

h.

Application procedures for condominium and cooperative conversions. Any existing structure and its related lot may be converted to condominium or cooperative in accordance with this subsection:

1.

Prior to conversion, proposed condominium and cooperative conversions which are nonconforming shall be subject to the approval of a special exception in accordance with the provisions of section 78-155.3(e)(4) special review standards for condominium conversions of nonconforming properties.

2.

Review of condominium and cooperative conversions shall be conducted for the purpose of ascertaining the conformance of associated plats and plans to the zoning ordinance and the subdivision ordinance, where applicable. In lieu of conformance with the applicable condominium conversion provisions of the town's public facilities manual, the regulations of this section, section 78-71.1(d)(4), condominium and cooperative conversions shall apply.

3.

Copies of plats and plans shall be reviewed by the zoning administrator as a preliminary plat and the review shall assess the conformance of the proposal to the requirements of the zoning ordinance, the requirements of the subdivision ordinance, and any other applicable regulations, ordinances or laws. Accordingly, the declarant of a condominium conversion shall file with the zoning administrator:

i.

One copy of all the information required by the Virginia Real Estate Commission pursuant to Virginia Code § 55-79.89, as amended.

ii.

A copy of the formal notice required by Virginia Code § 55-79.94, as amended. This filing shall be simultaneous with the filing required by the commission.

iii.

Two copies of any plats and plans submitted to the Virginia Real Estate Commission under the provisions of Virginia Code § 55-79.58, as amended, for review by the zoning administrator as a preliminary plat.

4.

For additional provisions regarding residential units, see section 78-155.3(e)(4), special review standards for residential condominiums, condominium and cooperative conversions.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 21-O-22, 11-16-2021; Ord. No. 25-O-01, § 1, 1-28-2025)

(a)

Characteristics. The education use category is characterized by use types that include daycare, childcare, preschool, public and private schools at the elementary, middle, and high school level that provide state-mandated basic education. This use category also includes post-secondary education and career schools that offer courses of general or specialized study leading to a degree. Accessory uses at schools include play areas, cafeterias, recreational and sport facilities, auditoriums, before-or after-school daycare, offices, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, and maintenance facilities. See also Article VIII, Accessory Uses and Structures.

(b)

Examples. Example use types include public and private daytime schools that provide state-mandated education, colleges, universities, community colleges, nursing and medical schools not accessory to a hospital, seminaries, vocational schools, and business or trade schools.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Schools of special instruction. Schools of special instruction are classified in the personal services and retail sales use category.

(2)

Childcare, daycare or preschool. Childcare centers, daycare centers or preschools operated in connection with an employment use, shopping center, or other principal use where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity constitute an accessory use subject to the standards of this section or section 78-80.4(i).

(3)

Home based daycare or childcare. In-home daycare or childcare constitutes an accessory use subject to the standards of section 78-80.5 home-based businesses including daycare or childcare.

(d)

Educational use category specific use standards. All uses shall comply with all applicable standards in this chapter. In addition, the following specific use standards shall apply.

(1)

Height limitation for all education category uses. The height of buildings located within 100 feet of existing residential development or undeveloped land in a residential zoning district shall not exceed the maximum height permitted for residential structures in the adjacent residential zoning district.

(2)

Daycare centers, childcare centers and preschools as principal uses. The following shall apply to daycare centers, childcare centers and preschools as a principal use in any zoning district. Childcare centers, daycare centers or preschools operated in connection with an employment use, shopping center, or other principal use where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity and in-home daycare or childcare are considered accessory uses and are subject to the standards in section 78-80.4(i) (for daycare centers, childcare and preschools accessory to a principal use) or section 78-80.5 (for in-home childcare), and therefore, are not subject to the standards of this section.

a.

Location. If not located in a stand-alone building, daycare centers, childcare centers and preschools shall be located on the first floor of a principal structure, and be separated (including the restrooms) by a physical barrier from the remaining portion of the building in which it is located.

b.

Recreation areas. Daycare centers, childcare centers and preschools shall include an outdoor recreation area with a minimum of 100 square feet for each child permitted, meeting the following standards:

c.

Fencing. Be enclosed by a fence which allows air and light to penetrate it and be capable of containing each child using the area;

1.

Not be within a required building setback;

2.

Not be closer than 15 feet to the edge of any public right-of-way; and

3.

Not be within a parking area.

d.

Parking and circulation. Daycare centers, childcare centers and preschools shall design parking areas and vehicular circulation patterns to:

1.

Enhance the safety of children as they arrive at and leave the facility;

2.

Include a designated pickup and delivery area, providing at a minimum one stacking space per 20 children; and

3.

Include parking spaces at a rate of one per employee plus one space per five children located adjacent to the childcare structure in such a way that visitors may avoid walking across vehicular travel ways to enter or exit the center.

4.

Ensure that all stacking lanes are located at least ten feet from the principal building with either an on-site turnaround or separate points for ingress and egress.

e.

Outdoor play activity hours. Daycare centers, childcare centers and preschools shall not conduct outdoor play activities before 8:00 a.m. or after 8:00 p.m.

f.

Required permits. Daycare centers, childcare centers and preschools shall obtain all required approvals from the Fairfax County Health Department and the Fairfax County Fire Marshal.

g.

Licensing. Daycare centers, childcare centers and preschools shall be licensed with the state commissioner of social services in accordance with Code of Virginia, § 631-196, and comply with 22-VAC 15-30 and all other relevant state laws.

(3)

Schools. Schools of special instruction are classified in the personal services and retail sales use category. School uses as accessory to other uses, such as institutions, shall be subject to Article VIII, Accessory Uses and Structures.

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

(a)

Characteristics. The government facilities use category is characterized by facilities owned and operated, by an agency of local, regional, state or federal government, including park-and-ride lots or structures, or public parking lots or public shared parking lots as principal uses. Accessory uses include but are not limited to maintenance, storage, and fueling facilities; and parking areas associated with a principal use.

(b)

Examples. Example use types include any government building, facility, park, golf course, cemetery, public works yard, playground, parking facility, or use other than office uses.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Offices. Offices for the conduct of government business are in the category of offices.

(2)

Utilities. Regulated, privately-owned public utilities as well as gas, electric, communications and other infrastructure services, are in the category of commercial utilities.

(d)

Government facilities category specific use standards. All uses within the government facilities use category shall comply with all applicable standards in this chapter.

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

(a)

Characteristics. The institutional and community service use category is characterized by use types that provide a variety of facilities, including those of a nonprofit or charitable nature providing a local service to people of the community. Generally, this category provides the service on-site or have employees at the site on a regular basis. The service is ongoing, and not merely for special events. The category includes community uses or facilities that have membership provisions that are open to the general public to join at any time (for instance, any senior citizen could join a senior center). The service is provided by a public benefit association or non-profit organization. The use may provide special counseling, education, recreation or training. The use includes buildings that primarily provide meeting areas for religious activities, auditoriums, cemeteries, cultural centers and facilities, hospitals, museums, care for the temporarily disabled, and in-patient treatment programs. Accessory uses include offices, school facilities, meeting rooms, food preparation and parking.

(b)

Examples. Example use types include churches, temples, synagogues, and mosques; libraries, cultural facilities, senior centers, community centers, youth club facilities, and social service facilities; nursing or convalescent facilities; hospices; rehabilitation centers; residential programs for drug and alcohol treatment; and alternative or post incarceration facilities.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Group and residential homes. Group home facilities or residential programs where individual units meet the definition of a dwelling unit in Article XVIII, Definitions, are in the category of residential uses.

(2)

Recreation services. Recreation services are in the categories of indoor or outdoor entertainment.

(3)

Health clubs. Health clubs are in the category of personal services and retail sales.

(4)

Parks. Parks are in the category of parks and open space.

(d)

Institutional and community category specific use standards. All uses shall comply with all applicable standards in this chapter. In addition, the following specific use standards shall apply.

(1)

Height limitation for all institutional and community service use category uses. The height of buildings located within 100 feet of existing single-family detached development or undeveloped land in a single-family detached zoning district shall not exceed the maximum height permitted in the adjacent single-family detached district.

(2)

Hospitals. Hospitals shall be located on an urban minor arterial street or higher street classification

(3)

Religious institutions. The following shall apply to religious institutions in any zoning district.

a.

Associated child daycare centers. Any child daycare center associated with the religious institution is considered an accessory use and shall comply with the standards of section 78-80.4(i).

b.

Associated public or private school. Any school (public or private) associated with the religious institution is considered an accessory use and shall comply with the standards of section 78-80.4(r), school uses in conjunction with religious institutions.

c.

Landscaped buffer. The religious institution shall provide a landscaped buffer a minimum of 15 feet in width along the yard(s) adjacent to lands on which there is existing single-family detached development and adjacent to undeveloped land in single-family attached and detached residential districts.

d.

Waiver of standard(s). The town council shall have the authority to grant waivers to any of the standards listed in this section to respond to an applicant's justifiable claim that the standards pose a substantial burden on religious exercise as guaranteed by the federal Religious Land Use and Institutionalized Persons Act of 2000 (42 USC § 2000), as amended. In granting such a waiver, the town council may require conditions consistent with the federal act that will secure substantially the objectives of the standard and that will substantially mitigate any potential adverse impact on the environment or surrounding land uses.

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

(a)

Characteristics. The small-scale alcohol production facilities use category includes uses involved in the production and packaging of alcoholic beverage for retail or wholesale distribution and for on-premises or off-premises consumption.

(b)

Examples. Uses within this category include craft breweries, micro distilleries, micro-cideries, micro-wineries (without on-site vineyards), and brewpubs. The intent of craft breweries, micro-distilleries, micro-cideries, and micro-wineries is to produce alcoholic beverages in small quantities on an annual basis. The intent of a brewpub is to function as an eating establishment where food is prepared and served, but also to produce, on a small scale, alcoholic beverages for on-premises or off-premises consumption. Uses within this category shall meet all applicable laws and regulations required by the Virginia Alcoholic Beverages Control Act and shall maintain all licenses as required.

(c)

Similar use types, accessory uses and prohibited use types. Accessory uses within this category may include retail sales, entertainment and tasting rooms.

(d)

Small scale alcohol production facilities category specific use standards. All uses shall comply with all applicable standards in this chapter. In addition, the following specific use standards shall apply.

(1)

Licensing. A valid license issued by the Virginia Alcoholic Beverage Control Board shall be held by the establishment at all times.

(2)

Not permitted as home-based business. Small scale alcohol production facilities shall not be permitted as a home-based business.

(3)

Limits on production. Craft breweries, micro-cideries, and brewpubs shall produce not more than 5,000 barrels per year. Micro-distilleries shall produce small batch quantities only and shall not exceed 5,000 gallons per year. Micro-wineries (without on-site vineyards) shall produce no more than 5,000 cases per year.

(4)

Ingredient storage. All ingredients used in the brewing, fermenting, and distilling processes shall be stored indoors, in sealed containers, off the floor, and in accordance with all applicable Health Department regulations.

(5)

Disposal of spent ingredients. Any spent ingredients used in the brewing, fermenting, and distilling processes shall be properly disposed to prevent discharge of odor and rodent infiltration. Any dumpster or receptacle where spent ingredients or other by-product of the brewing, fermenting, and distilling processes are disposed of shall be secured so as to prevent the discharge of any odors or gases and to prevent rodent infiltration.

(6)

Exhaust venting. Any exhaust created from the brewing, fermenting, and distilling processes shall be collected in a non-venting stack condenser-type system and shall not be vented into the atmosphere.

(7)

Outdoor storage prohibited. Any type of outdoor storage of ingredients, products, or equipment used in the brewing, fermenting, and distilling processes shall not be permitted.

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

(a)

Characteristics. The eating establishments use category is characterized by establishments that sell prepared food for on- or off-premises consumption. Outdoor eating areas are permitted in accordance with section 78-80.4(n). Drive through lanes associated with the eating establishment are permitted in accordance with section 78-80.4(j), drive-through service accessory to a retail pharmacy, financial institution, laundry, eating establishment or other principal commercial use. See also Article XVIII, Definitions. Drive-in (not drive-through) window service is a term used to describe an establishment designed or operated to serve a patron while seated in an automobile parked in an off-street parking space. Drive-in window service is permitted with a special exception in this use category.

(b)

Examples. Examples include restaurants, cafeterias, delicatessens, yogurt or ice cream shops, and coffee shops.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Eating establishment in private club. Eating establishments in private clubs are in the category of indoor entertainment as accessory uses when the eating establishment is not the principal use.

(2)

Restaurants as part of lodging business. Restaurants that are accessory to hotels, motels, and institutions are in the category of lodging businesses as accessory uses.

(3)

Work site cafeterias. Cafeterias on the site of a principal use in the category of light manufacturing, industrial service or office are considered accessory uses.

(d)

Eating establishments use category specific standards. All uses shall comply with all applicable standards in this chapter. In addition, the following specific use standards shall apply:

(1)

Noise and odor. Eating establishments shall be sufficiently insulated so no unreasonable noise or odor can be detected off-premises.

(2)

Landscape buffer. Notwithstanding the provisions of Table 78-110.4(e)(3)b., Landscape Buffer Classifications, if an eating establishment is adjacent to existing single-family detached development, it shall provide a transitional landscape screen, a minimum of 20 feet in width along the property line which the single-family detached development abuts.

(3)

Outdoor eating areas and drive-throughs. Outdoor eating areas are permitted as an accessory to an eating establishment in accordance with section 78-80.4(n). Drive through lanes associated with the eating establishment are permitted as an accessory use in accordance with section 78-80.4(j).

(4)

Drive-in window service by special exception. Drive-in window service is permitted with a special exception in this use category in the commercial service district.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-03, § 1, 2-26-2019)

(a)

Characteristics. The office use category includes activities that are conducted in an office setting and that generally focus on business, government, financial or other professional services. Accessory uses may include cafeterias, parking, or other amenities primarily for the use of employees in the firm or building.

(b)

Examples. Example use types include business services establishments; professional service establishments such as lawyers, engineers, or architects; financial businesses such as accountants, brokerage houses, or real estate agents; data processing; sales offices; government and public utility offices; and broadcasting studios without on-site antennae.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Financial institutions. Financial businesses that operate from financial institutions such as banks and credit unions are in the category of personal services and retail sales.

(2)

Offices. Offices that are part of and located with a principal use in another use category are considered accessory to the firm's primary activities. Headquarters offices, when in conjunction with or adjacent to a principal use in another use category, are considered part of the other use category.

(3)

Contractor related uses. Contractors and others who perform services off-site are included in the office category if equipment and materials are not stored outside and fabrication, services, or similar work is not carried on at the site. Contractors' offices that include storage yards, fabrication or services on-site are in the category of warehousing.

(4)

Medical offices, clinics and labs. Medical and dental offices or clinics, medical and dental labs, and blood-collection facilities are in the category of personal services and retail sales in use type "health care facility" or "health care laboratory."

(5)

Communications towers. Communications towers associated with broadcasting studios are in the category of commercial utilities.

(6)

Data warehouses. Data warehouses are in the category of warehousing.

(d)

Office category specific use standards. All office uses shall comply with all applicable standards in this chapter.

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

(a)

Characteristics. This indoor entertainment use category is characterized by commercial uses that provide recreation or entertainment activities in an enclosed structure or structures. Accessory uses may include concessions, snack bars, restaurants, parking, and maintenance facilities.

(b)

Examples. Example use types include private clubs, amusement arcades, billiards parlors, bowling alleys, dance floors, indoor skating rinks, commercial swimming pools (indoor), enclosed skating rinks, racquet and tennis club facilities (indoor), health clubs, auditoriums and theaters for live performances or pre-recorded performances.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Private clubs. A private club in which the principal use is a restaurant is in the category of eating establishment.

(2)

Restricted facilities. Indoor recreational facilities that are reserved for use by residents of particular residential developments and their guests are accessory to those residential use types.

(d)

Indoor entertainment category specific use standards. All indoor entertainment uses shall comply with all applicable standards in this chapter and the following specific standards:

(1)

Indoor entertainment uses in the Herndon Downtown. Indoor entertainment uses in the Herndon Downtown (designated in the downtown overlay as shown in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended) shall be of a scale and impact harmonious with existing development and planning policy for the Herndon Downtown. Factors to be considered include traffic impact, parking availability, pedestrian access, peak period visitation for the proposed use and positive economic multipliers for existing downtown businesses.

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

(a)

Characteristics. The outdoor entertainment use category is characterized by commercial uses that provide continuous recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities.

(b)

Examples. Examples include commercially owned and operated facilities such as archery ranges, ball fields, baseball hitting facilities, basketball courts, swimming pools, golf driving ranges, miniature golf facilities, or tennis facilities.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Banquet halls. Banquet halls that are part of hotels or restaurants are accessory to those uses, which are included in the lodging businesses or personal services and retail sales categories, respectively.

(2)

Public facilities. Publicly owned facilities are in the category of government facilities.

(3)

Indoor recreational facilities. Indoor continuous entertainment activities such as movie theaters, bowling alleys, game arcades, pool halls, dance halls, or indoor firing ranges are in the category of "indoor entertainment."

(4)

Restricted facilities. Outdoor recreational facilities that are reserved for use by residents of particular residential developments and their guests are accessory to those residential uses.

(5)

Temporary facilities/events. Temporary outdoor events are addressed in Article IX, Temporary Uses and Structures.

(d)

Outdoor entertainment use category specific standards. All outdoor entertainment uses shall comply with all applicable standards in this chapter.

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

(a)

Characteristics. The personal services and retail sales use category is characterized by firms involved in providing personal services or the sale, lease, or rent of new or used products to the general public. They may also provide product repair or services for consumer and business goods. Accessory uses may include offices, storage of goods, or repackaging of goods for on-site sale and parking.

(b)

Examples. Example use types include the following seven groups:

(1)

Retail sales. Stores selling, leasing, or renting consumer, home, or business goods including art, art supplies, bicycles, clothing, convenience stores, decorator supplies, dry goods, electronic equipment, fabric, home gardening supplies, gifts, groceries, hardware, home improvements, household products, jewelry sales and repair, pets, pet food, pharmaceuticals, plants, printer material, stationery, and videos, or food sales.

(2)

Durable goods sales. Stores selling, leasing, or renting retail durable goods including major household appliances; furniture; electrical, heating, cooling, plumbing supply, and lumber (other than contractor's materials); carpet and floor covering; office equipment and supply; and medical equipment and supply.

(3)

Personal services. Laundromats; laundry and dry-cleaning drop-off establishments without any on-site cleaning; mailing and packing services; pharmacies; photo developing; photographic studios; artist's studios or art galleries; photocopy and blueprint services; hair, tanning and personal care services; psychics and mediums; tailors and dressmakers; schools of special instruction in disciplines such as recreation, self-improvement, adult education leading to a GED, arts of all kinds, faith-based subjects, language or other special subjects, and not including nursery schools, daycare centers or preschools.

(4)

Health care services and facilities; health care laboratory. Emergency medical care facilities, medical and dental offices and clinics, medical and dental labs, blood-collection facilities and alternative treatments or therapy facilities, including chiropractic, acupuncture and massage therapy, among others. These facilities provide outpatient care only and on-site activities may include offices, laboratories, teaching facilities, meeting areas, cafeterias, parking and maintenance.

(5)

Product repair and services. Repair of small home appliances, bicycles, clocks, watches, shoes, televisions, guns, canvas products, personal computers, and office equipment; locksmith; and upholstering shop.

(6)

Mailing and packing service. Mailing and packing business uses.

(7)

Other personal services and retail sales. Animal services (pet daycare, kennel, veterinary hospital or clinic) financial institutions (banks, credit unions, and investment or brokerage services); funeral home; and temporary seasonal stands for the sale of produce.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Laundry services. An establishment for the cleaning of garments, articles or goods of fabric, or a linen or diaper cleaning service establishment is considered a laundry or dry-cleaning plant and is in the category of industrial service.

(2)

Lumberyard and building material sales. Lumberyards and other building material sales that sell primarily to contractors and do not have a retail orientation are in the category of wholesale sales.

(3)

Vehicle repair and service. Repair and service of motor vehicles, motorcycles, and light and medium trucks is in the category of vehicle sales and service.

(4)

Commercial printing. Although walk-in and self-service photocopy, faxing, and photo developing businesses are permitted, publishing, lithography and bulk production of printed materials distributed by commercial vehicles are permitted under the industrial service use category.

(d)

Personal services and retail sales category specific use standards. All personal services and retail sales uses shall comply with all applicable standards in this chapter. In addition, the following standards shall apply:

(1)

All uses. No retail sales and service establishment shall display merchandise or conduct business between the storefront and the public street, except pursuant to section 78-80.4(p), outdoor display of products for sale, or section 78-155.2, temporary use site plans.

(2)

Animal hospitals, commercial kennels, pet daycare, animal shelters and veterinary clinics. Animal hospitals, commercial kennels, pet daycare, animal shelters and veterinary clinics shall comply with the following standards:

a.

Virginia Code compliance. Animal hospitals and veterinary clinics shall comply with the regulations of 18 VAC 150-20-200, Standards for veterinary establishments.

b.

No outdoor kennels. Animal hospitals, commercial kennels, pet daycare, animal shelters and veterinary clinics shall not maintain kennels outside the principal building.

c.

Noise and odor. Animal hospitals, commercial kennels, pet daycare, animal shelters and veterinary clinics shall be sufficiently insulated so no unreasonable noise or odor can be detected off-premises.

d.

Waste. Animal hospitals, commercial kennels, pet daycare, animal shelters and veterinary clinics shall properly control animal waste.

e.

Height limitations. If an animal hospital, commercial kennel, pet daycare, animal shelter or veterinary clinic is adjacent to existing single-family attached or detached development, or undeveloped land zoned for single-family attached or detached development the height of buildings shall not exceed the maximum height permitted in the adjoining zoning district.

f.

Landscaping screen. If an animal hospital, commercial kennel, pet daycare, animal shelter or veterinary clinic is adjacent to existing single-family detached or attached development, there shall be a transitional landscaped screen, a minimum of 20 feet in width along the property line which the single-family detached development abuts.

g.

Accessory uses. Uses accessory to an animal hospital, commercial kennel, pet daycare, animal shelter or veterinary clinic may include:

1.

Pet-related food or other retail materials related to the animal service, grooming services, as long as the accessory uses do not include more than 25 percent of the total gross floor area.

2.

Boarding of sick or well animals at animal hospitals and veterinary clinics.

(3)

Pharmacy (freestanding). A significant portion of the parking areas shall be situated to the side and preferably to the rear of the primary building.

(4)

Financial institutions. Prior to obtaining a zoning appropriateness permit, the applicant shall provide to the zoning administrator a written statement from the Herndon Police stating that the Herndon Police Department has been notified of the proposed use and its proposed location.

(5)

Mailing and packing services. Mailing and packing business uses in the CO, commercial office, and the Herndon Downtown (designated in the downtown overlay as shown in the Herndon 2030 Comprehensive Plan adopted August 12, 2008), as may be amended) shall be of a scale and impact harmonious with existing development and planning policy for the Herndon Downtown. Factors to be considered include traffic impact, especially that of delivery vehicles serving the facility. Sites that warrant large areas on-site for truck loading, unloading, and circulation are discouraged in the CO district and in the downtown.

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

(a)

Characteristics. The vehicle sales and service use category is characterized by the direct sales of and services of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles. Accessory uses may include offices, sales of parts, and vehicle storage.

(b)

Examples. Examples include sales of automobiles or recreational vehicles; auto repair; auto servicing; auto wash and detail shops; full-service, mini-service, and self-service gas stations; vehicle full service washes; transmission or muffler shops; towing service; tire sales and mounting; taxicab service; or towing service.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Vehicle sales and rental. Vehicle rentals and used vehicle sales are permitted as accessory uses; see Article VIII, Accessory Uses and Structures.

(2)

Fuel facilities. Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use.

(3)

Salvage of vehicles. Dismantling, wrecking, or sale of abandoned, wrecked, or inoperable vehicles or parts thereof is prohibited.

(4)

Exterior storage of vehicles and parts. Exterior storage of vehicles that are not for sale or rental, such as for a towing service or for vehicle repair, is prohibited. Exterior storage of vehicle parts is prohibited.

(5)

Wash facilities. An automatic vehicle wash shall be considered an accessory use to a gasoline sales use or other automotive use when it is located on the same lot. The automatic vehicle wash shall be governed by the use and dimensional standards applicable to the principal automotive use. Self-service vehicle washes when not associated with a vehicle full-service wash and detailing use or with a related automatic vehicle wash, are prohibited.

(d)

Vehicle sales and service category specific use standards. All vehicle sales and service uses shall comply with all applicable standards in this chapter. In addition, the following standards shall apply:

(1)

Vehicle sales. Vehicle sales shall comply with the following standards:

a.

Used vehicles sales limited. The sale of used vehicles as a principal use is prohibited. Vehicle rentals and used vehicle sales are permitted as accessory uses; see Article VIII, Accessory Uses and Structures.

b.

Outside storage or display. There shall be no outside vehicle display or storage.

c.

No vehicles on rooftops. There shall be no vehicle display on top of a building.

d.

Display location. There shall be no display of other materials for sale between the principal structure and the street.

e.

Test drives. Vehicles shall not be tested on residential streets.

(2)

Vehicle repair, transmission and muffler shops, sales of vehicle parts and tires. Vehicle repair, transmission and muffler shops, sales of vehicle parts and tires shall comply with the following standards:

a.

General location limitations. Such uses shall be located at least 250 feet from schools, daycare centers, residential uses, or undeveloped land in residential zoning districts.

b.

Location of vehicles. All vehicles shall be repaired and stored within an enclosed building. Temporary vehicle storage may be allowed in an outdoor storage area that shall be no larger than 25 percent of the total lot area. Such areas shall be located to the rear of the principal structure and be screened from offsite views. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.

c.

Architectural features. Buildings shall have the same architectural features on all sides; further, any garage door openings shall be located to the side or rear of the building and shall be screened so as not to be visible from the street frontage of the property, and shall be architecturally compatible with the building group or neighborhood with which it is associated.

d.

Noise. Such uses shall have no outdoor speaker or public-address system which is audible off-site.

e.

Test drives. Vehicles shall not be tested on residential streets.

f.

Parking and storage. No vehicle shall be parked or stored as a source of parts, or park or store a vehicle for the purpose of sale or lease/rent. No vehicle shall be parked or stored that has been repaired and is awaiting removal for more than 15 consecutive days.

g.

Loaner vehicles and overnight storage. Vehicles offered by the business for use by customers of the business while customer vehicles are being repaired on the site may be stored on the site. Otherwise, no more than five vehicles shall be stored outdoors anywhere on the site overnight.

h.

Screening. All vehicle parts, dismantled vehicles, and similar materials shall be stored within an enclosed building or totally screened from view by a solid privacy fence.

i.

Accessory uses and sales. Accessory uses shall not include vehicle or tool rental and shall be limited to the servicing and retail sales of products used primarily by passenger vehicles.

j.

Limitation on abandoned, wrecked and inoperable vehicles. No more than two abandoned, wrecked, or inoperable vehicles shall be parked on the site for a continuous period of 72 hours.

(3)

Vehicle full-service wash and detailing. Vehicle full-service wash and detailing shall comply with the following standards:

a.

Equipment and activities to be enclosed. All equipment, supplies, and activities whether manual or automated, associated with this use shall be in a building(s) enclosed by walls, windows, and doors which may be open while the facility is in operation. Minor vehicle wash preparation, such as the hosing of vehicles prior to entering the wash bay, shall be permitted outside of a building provided that the activity is hidden from view from adjacent properties and rights-of-way by walls or evergreen landscaping located on the parcel in question. There may be outdoor seating areas and patios for the use of customers waiting for their vehicles.

b.

Circulation and access. The operation and layout of the facility and the on-site traffic circulation shall be designed to prevent traffic congestion on abutting public streets.

c.

Required stacking spaces. A minimum of 14 stacking spaces per wet wash bay shall be provided outside the building on the site for vehicles waiting to enter the facility.

d.

Noise. If the facility is abutting property zoned for or used for residential use at the time of site plan review, the application must include a report by an acoustical engineer confirming that the facility has been designed to meet the requirements of section 78-130.2 of this chapter.

e.

Waste water. At least 85 percent of the waste water generated by the facility must be reclaimed, and all of the waste water generated by the facility must be collected on the site and disposed of or discharged in a manner which meets the requirements of all applicable federal, state, and local laws.

f.

Overnight storage. Vehicles may not be stored on-site overnight unless they are stored within the building or buildings.

g.

Accessory uses. Accessory uses normally permitted within the applicable zoning district, including but not limited to coffee shops, shall be permitted as accessory uses to the facility.

h.

Self-service areas to be enclosed. A portion of the facility may be designed to allow customers to clean their own vehicles provided that all activity occurs within an enclosed building.

(4)

Fuel sales, with or without a convenience store. Fuel sales, with or without a convenience store shall comply with the following standards:

a.

Limitations on canopies. Gasoline pumps and permanent canopies over gasoline pump islands that have supports located on the pump islands shall be set back a minimum of 25 feet from all property lines. No canopy shall extend over any required buffer or screening areas.

b.

Canopy lighting. Lighting for canopies for service stations and other similar uses shall not exceed an average of 12 foot-candles as measured at ground level at the inside of the outside edge of the canopy.

c.

Additional standards. The use must conform to all other standards and provisions of the Herndon Town Code, including Article XIV, Signs, and section 78-130.9, exterior lighting standards.

d.

Limitations of repairs. The enterprise shall not be used for the performance of major repairs, dismantling, wrecking or sale of vehicles and shall not include any outdoor storage of vehicles.

e.

Outdoor storage and display. There shall be no outside storage or display of goods offered for sale.

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

(a)

Characteristics. The lodging businesses use category includes rooms and dwelling units arranged for rent, lease, or interval occupancy, generally for stays of less than 30 days. Accessory uses may include pools and other recreational facilities, limited storage, restaurants, bars, meeting facilities, and offices.

(b)

Examples. Examples include hotels, inns, motels, conference centers, rooming houses and boarding houses.

(c)

Personal services and retail sales use category specific standards. All uses shall comply with all applicable standards in this chapter. In addition, the following standards shall apply:

(1)

Hotel, inn, motels. Hotels, inns and motels shall provide principal access to each guest room within the motel, inn or hotel from a hallway that is entirely enclosed within the structure of the hotel or motel building.

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

(a)

Characteristics. The commercial utilities use category includes major utilities, which are infrastructure services providing regional or community-wide service. Utility uses generally do not regularly have employees at the site. Services may be publicly or privately provided. Accessory uses may include parking and control, monitoring, or transmission equipment.

(b)

Example. Types of major utilities include water towers, waste treatment facilities; electrical substations; and maintenance/storage yards.

(c)

Similar use types, accessory uses and prohibited use types. All uses shall comply with all applicable standards in this chapter, including Article XIII, Performance Standards. In addition, the following standards shall apply:

(1)

Offices. Offices for nongovernment utilities shall meet the standards of section 78-71.7.

(2)

Support facilities. Ordinary utility lines, pipes, transformers, rights-of-way, and stormwater bmp facilities necessary to meet the needs of principal uses on a site are considered accessory uses.

(3)

Government facilities and utilities. Government facilities and government-owned or maintained utilities shall meet the standards of section 78-71.3.

(4)

Minor utilities. Minor utilities such as pump stations for water or sewer, or stormwater bmps are considered accessory uses. See Article VIII, Accessory Uses and Structures.

(d)

Commercial utilities category specific use standards. In addition to the applicable requirements in this chapter, the following standards shall apply:

(1)

Communication towers and monopoles. Communication towers and monopoles between 50 feet and 125 feet shall meet the following standards:

a.

Material and color. Except for antennas completely enclosed within a structure, all antennas and their supporting mounts shall be of a material or color that closely matches and blends with the structure on which it is mounted.

b.

Advertising. No commercial advertising or signs shall be allowed on any monopole, tower, antenna, antenna support structure, or related equipment cabinet or structure.

c.

Additions, changes and modifications. If any additions, changes or modifications are to be made to monopoles or towers, the building official shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change, or modifications conforms to structural wind load and all other requirements of the Virginia Uniform Statewide Building Code.

d.

Lighting, signals and illumination. No signals, lights or illumination shall be permitted on a tower or monopole unless required by the Federal Communications Commission, the Federal Aviation Administration or the town, provided, however, that on all antenna structures which exceed 100 feet in height, a steady red marker light shall be installed and operated at all times, unless the zoning administrator waives the red marker light requirement upon a determination by the Fairfax County Police Department that such marker light is not necessary for flight safety requirements for police and emergency helicopter operations. All such lights shall be shielded to prevent the downward transmission of light.

e.

Removal. All antennas and related equipment cabinets or structures shall be removed within 120 days after such antennas or related equipment cabinets or structures are no longer in use.

f.

Special exception required for freestanding facilities. Freestanding communication towers and monopoles shall be permitted in conjunction with non-staffed equipment cabinets or structures by special exception within all zoning districts and within planned developments. Any such use shall comply with the following standards:

1.

Towers and monopoles may exceed the maximum permitted building height, but shall not exceed a maximum overall height of 125 feet over grade;

2.

Panel style antennas attached to towers, monopoles, or other supporting structures shall not exceed 108 inches in height and 24 inches in width.

3.

Dish style antennas attached to towers, monopoles, and other supporting structures shall not exceed three feet in diameter.

4.

Related non-staffed equipment cabinets or structures for each telecommunications provider shall not exceed 12 feet in height or a total of 500 square feet in gross floor area per telecommunications provider. Such structures shall be in accordance with the dimensional standards of the zoning district in which they are located.

5.

All equipment shall be screened in accordance with section 78-114.

6.

Where reasonably practicable and appropriate, as determined by the zoning administrator using recognized standards, antennas attached to towers, monopoles, and other supporting structures shall be constructed in a manner as to reduce their visual impact. This goal shall be achieved through screening or applied stealthing or camouflaging methods.

7.

Existing light poles and stanchions may be replaced to allow for collocation of antennas and such replacement structures may be increased in height up to an overall height not to exceed 125 feet over grade.

8.

Within all residential zoning districts, towers and monopoles shall be located on parcels of no less than 50,000 square feet in total area. Such structures shall be placed at a distance of no less than one foot for every foot of height from abutting lot lines in residential zoning districts.

(2)

Antennae co-location. Antenna co-location onto an existing structure or utility distribution or transmission pole must comply with the accessory structure standards of section 78-80.4(c)(3). For the purposes of this article, the replacement of a utility distribution or transmission pole of the same size or smaller and within six feet of the existing pole is not considered a new structure.

(3)

Small cell facilities on a new utility distribution or transmission pole less than 50 feet. Any new utility distribution or transmission pole of less than 50 feet in height above grade and designed to support small cell facilities is an administrative review-eligible project (AREP) as defined by the Code of Virginia § 15.2-2316.3. An AREP is subject to approval by the zoning administrator and shall comply with the following standards:

a.

Historic district overlay review. Small cell facilities in the historic district overlay are subject to the following:

1.

Certificate of appropriateness. A certificate of appropriateness must be obtained from the historic district review board unless all of the following conditions are met.

(i)

The antenna is attached to an existing site light pole.

(ii)

The antenna does not exceed 30 inches in height or 12 inches in diameter and is mounted flush, in-line with, or on top of the pole.

(iii)

The antenna is painted to match the color of the existing site light pole.

(iv)

No additional equipment other than the antenna is placed on the light pole.

(v)

Support equipment is installed underground or camouflaged inside the pole or within a previously approved site furnishing and approved by the zoning administrator.

b.

Architectural review. Small cell facilities outside of the historic district overlay must receive approval by the architectural review board unless the following conditions are met:

1.

The antenna is attached to an existing site light pole.

2.

The antenna does not exceed 30 inches in height or 12 inches in diameter. No portion of the antenna may extend beyond 18 inches from the side of the pole.

3.

The antenna is painted to match the color of the light pole.

4.

No additional equipment other than the antenna is placed on the light pole.

5.

Support equipment is installed underground or camouflaged inside the pole or within a site furnishing approved by the administrator or screened pursuant to the provisions of section 78-114.

c.

Setbacks. Small cell facilities, including ground-mounted equipment, must comply with the minimum setback provisions of the underlying zoning district.

d.

Lot size. Within all zoning districts, a minimum lot size of one acre is required.

e.

Height. The maximum height of a small cell facility, including antenna, shall not exceed the maximum permitted height of a by-right principal use of the underlying zoning district.

f.

Wiring, cables, and conduit. All wiring, cables, and conduits must be located in a fully enclosed structure or match the color of the utility or distribution transmission pole.

g.

Removal. All antennas and related equipment, to include ground-mounted equipment, must be removed within 120 days after such antennas or related equipment are no longer in use.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 20-O-01, § 1, 1-14-2020; Ord. No. 20-O-61, § 1, 11-17-2020)

(a)

Characteristics. The industrial service use category is characterized by businesses that are engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers come to the site. Accessory activities may include retail sales, offices, parking, or storage. Where applicable such uses must meet the performance standards in Article XIII.

(b)

Examples. Example use types include: establishments for the mechanical cleaning of garments, articles or goods of fabric; linen or diaper cleaning service establishment; contractors of building, heating, plumbing, electrical services; document production, printing, engraving, commercial publishing and lithography; janitorial and building maintenance services; repair of electronic parts, electronic equipment, electric motors, communication equipment, or scientific or professional instruments; bulk and direct mail insertion and sealing; pest control (exterminators); photo-finishing laboratories; scientific research and scientific development without mass production; tool repair; and machining and welding repair shops.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Contractor related uses. Contractors and others who perform services off-site are included in the offices use category, if major equipment and materials are not stored at the site and fabrication or similar work is not carried out at the site. If major equipment and materials are stored at the site, or fabrication or similar work is carried out on the site, then such use types are classified in the warehouse use category.

(2)

Prohibited uses. Prohibited uses include dry cleaning plants utilizing perchloroethylene; heavy equipment sales, rental, repair, or storage (except as an accessory use); heavy truck servicing and repair; truck stops; fuel oil distributors; and fuel yards.

(d)

Industrial service category specific use standards. All uses shall comply with all applicable standards in this chapter. In addition, the following standards shall apply:

(1)

Standards for all uses. Industrial service uses shall be subject to the following:

a.

Location. Structures, storage yards, and associated on-site activities other than required parking and landscaping shall be located at least 250 feet from lot lines shared with schools, daycare centers, residential uses, or undeveloped land in residential zoning districts.

b.

Machines to be enclosed. Repair and store all machines within an enclosed building.

c.

Fleet storage. Fleet storage shall be located within a masonry wall and gate providing 100 percent visual screen. The area for fleet storage shall be additional to the standard parking requirement for the use, and be no larger than 25 percent of the total lot area. Such area shall be located to the rear of the principal structure. The height of vehicles stored shall not exceed the height of the screening wall.

(2)

Scientific research and scientific development. Scientific research and scientific development uses shall meet the following standards:

a.

Application and information required. The scientific research and development activities to be performed shall be described in writing by the applicant and approval of an application for a zoning map amendment for this purpose, a zoning inspection permit, or a zoning appropriateness permit for this use shall be based upon the nature, purpose and scope of the research and development and its effect upon the general welfare of the community.

b.

Landscaping and screening. In addition to the landscape and screening requirements in Article XI, additional landscaping and screening may be required as deemed appropriate by the zoning administrator to afford maximum protection to adjoining property and strict adherence to the required landscaping shall be required.

(3)

Dry cleaning and laundry plants. Dry cleaning and laundry plants shall meet the following standards:

a.

Location. Dry cleaning and laundry plant buildings shall be located at least 250 feet from schools, daycare centers, residential uses, or undeveloped land in residential zoning districts.

b.

Enclosed building required. Dry cleaning and laundry plants shall be within an enclosed building where there is minimal chance that malfunctioning equipment or improper operations could adversely affect persons outside of the establishment.

c.

Limitations on cleaning products. Dry cleaning and laundry plants shall not use perchloroethylene and shall use only nonflammable liquids in the cleaning processes that emit no odor, fumes, or steam detectable to normal senses from off the premises.

d.

Compliance. Dry cleaning and laundry plants shall comply with all state and federal laws.

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

(a)

Characteristics. The light manufacturing use category includes the mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building and must meet the performance standards in Article XIII.

(b)

Examples. Example use types of light manufacturing include: apparel production; assembly of pre-fabricated parts; assembly of artificial limbs, dentures, hearing aids, and surgical instruments; computer design, development or production; production or fabrication of electronic parts, electronic equipment, optical instruments or devices, aquariums, electric motors, communication equipment, scientific or professional instruments, precision items; research laboratories; testing for purposes of scientific research and scientific development; sign making; machining and welding fabrication or production; and woodworking and cabinet building.

(c)

Similar use types, accessory uses and prohibited use types. Manufacture and production of goods from composted organic material or hazardous materials is prohibited.

(d)

Light manufacturing category specific use standards. All uses shall comply with all applicable standards in this chapter. In addition, the following standards shall apply:

(1)

Standards for all uses. Light manufacturing uses shall be subject to the following:

a.

Location. Structures, storage yards, and associated on-site activities other than required parking and landscaping shall be located at least 250 feet from lot lines shared with schools, daycare centers, residential uses, or undeveloped land in residential zoning districts.

b.

Enclosed building required. Repair and storage of all machines and equipment shall occur within an enclosed building.

c.

Landscaping and screening. In addition to the landscape and screening requirements in Article XI, additional landscaping and screening may be required as deemed appropriate by the zoning administrator to afford maximum protection to adjoining property and strict adherence to the required landscaping shall be required.

d.

Fleet storage. Fleet storage shall be located within a wall and gate providing 100 percent visual screen. The area for fleet storage shall be additional to the standard parking requirement for the use, and be no larger than 25 percent of the total lot area. Such area shall be located to the rear of the principal structure. The height of vehicles stored shall not exceed the height of the screening wall.

(2)

Research laboratories or testing for purposes of scientific research and scientific development. The activities to be performed shall be described in writing by the applicant and approval of an application for a zoning map amendment for this purpose, a zoning inspection permit, or a zoning appropriateness permit for this use shall be based upon the nature, purpose and scope of the activity and its effect upon the general welfare of the community.

(3)

Uses involving freight delivery, storage, mass production and transporting of finished products. The freight activities to be performed shall be described in writing by the applicant and may be subject to review for transportation impact. Approval of an application for a zoning map amendment for this purpose, a zoning inspection permit, or a zoning appropriateness permit for this use may include conditions for mitigating any transportation impact associated with freight hauling, delivery and distribution. Conditions shall be based upon the nature, purpose and scope of the activity and its effect upon the general welfare of the community.

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

(a)

Characteristics. The self-service storage use category is characterized by uses that provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

(b)

Examples. Examples include facilities that provide individual storage areas for rent. These uses are also called "mini-warehouses."

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Transfer and storage use. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the warehouse and freight movement use category.

(2)

Accessory uses. Accessory uses may include living quarters for a resident manager or security personnel, or leasing offices. Use of the storage areas for business operations, sales, service, repair, or manufacturing operations is not considered accessory to the use. The rental of trucks or equipment is also not considered accessory to the use.

(d)

Self-service storage category specific use standards. All uses shall comply with all applicable standards in this chapter.

(1)

Standards for all uses. Self-service storage shall comply with the following standards:

a.

Limited commercial uses. The only commercial uses permitted on site shall be the rental of storage bays and the pickup and deposit of goods or property in storage.

b.

Retail sales. Retail sale may be permitted as an accessory use limited to the lesser of either 40 percent of the area containing the office or 5,000 square feet.

c.

Use of storage bays. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site.

d.

Caretaker residence allowed. One security or caretaker residence may be developed on the site.

e.

Not legal address. Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address.

f.

Stored items shall be enclosed. Except as provided in this section, all property stored on the site shall be entirely within enclosed buildings.

g.

Storage of recreational vehicles. Open storage of recreational vehicles and dry storage of pleasure boats of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met:

1.

The storage shall occur only within a designated area. The designated area shall be clearly delineated.

2.

The storage area shall not exceed 25 percent of the buildable area of the site.

3.

The storage area shall be entirely screened from view from adjacent residential areas and public streets by a building or solid wall with landscaping on the outside of the wall.

4.

Storage shall not occur within the area set aside for minimum building setbacks.

5.

No vehicle maintenance, washing, or repair shall be permitted.

h.

Circulation and parking. If separate buildings are constructed, there shall be adequate space for the circulation and parking of large moving vans.

i.

Storage bay doors. Storage bay doors shall not face any abutting property located in a residential district, nor shall they be visible from any public road.

j.

Hours of operation. Hours of public access to a self-storage use adjacent to a residential zoning district shall be restricted to between 6:00 a.m. to 9:00 p.m. Monday through Friday except federal holidays and 7:00 a.m. to 10:00 p.m. on Saturdays, Sundays and federal holidays.

k.

Screening of roof mounted equipment. A screen shall be constructed to obscure roof-mounted heating and air conditioning and other equipment, if any. The combined height of the building and the screen shall not exceed the height limit in the zoning district where the use is permitted.

l.

Stacking and turning. Be designed to ensure proper functioning of the site as related to vehicle stacking, circulation and turning movements.

m.

Enclosed trash facilities. Provide adequate, enclosed trash storage facilities on the site.

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

(a)

Characteristics. The transportation and parking use category is characterized by use types that include facilities for public bus maintenance and parking that are not accessories to a specific principal use and at which a fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also in the category of transportation and parking.

(b)

Examples. Example use types include public bus maintenance facilities, commercial parking lots or structures, and mixed parking facilities (partially accessory to a specific use, partially for rent to others except for occasional special events).

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Public transit and parking facilities. Local bus stops, bus stop shelters, and public park-and-ride lots and public parking structures are in the category of government facilities.

(2)

Occasional use of accessory parking. Parking facilities that are accessory to a principal use, but that charge the public to park for occasional events nearby, are not considered transportation and parking use types.

(3)

Leased accessory parking. Parking facilities that are accessory to a principal use are not considered transportation and parking use types, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility.

(4)

Sales and service of vehicles. Sales or servicing of vehicles is in the category of vehicle sales and service.

(d)

Transportation and parking category specific use standards. All transportation and parking uses shall comply with all applicable standards in this chapter. In addition, the following standards shall apply:

(1)

Public bus maintenance facilities. Public bus maintenance facilities shall comply with the following standards:

a.

Location. Public bus maintenance facilities shall be located at least 250 feet from schools, daycare centers, residential uses, or vacant land in residential zoning districts.

b.

Location of storage areas. Bus maintenance facilities shall not locate storage areas within a required setback or buffer.

c.

Screening. All outside storage areas shall be screened with a solid wall or fence with a minimum height of eight feet.

d.

Noise. Public bus maintenance facilities have no outdoor speaker or public-address system that is audible off-site.

(2)

Parking lot or structures. A parking lot or structure shall comply with the following standards:

a.

Principal use. A parking lot or structure shall be a principal use. Parking spaces may be rented for parking.

b.

Accessory uses. Space for offices, personal services or retail sales are allowed to be developed within a parking structure, or attached to it, if permitted by the underlying zoning district, in floor area equivalent to 49 percent of the parking structure.

c.

Landscaping. Landscape requirements shall be met for both parking lots and parking structures. In the case of parking structures, landscaping may be provided on the structure itself in planters with proper irrigation and drainage accommodations.

d.

Circulation and access. Parking lots and structures shall be designed to avoid vehicular entrances and exits across from residentially zoned property unless the property is developed for a use other than residential.

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

(a)

Characteristics. The warehousing use category includes establishments that are involved in the storage or movement of goods for themselves or other firms, businesses or households. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Accessory uses include offices, truck fleet parking, and maintenance areas. This category also includes electronic warehousing characterized by structures that are primarily occupied by technical and electronic equipment. Operations are characterized by electronic functions rather than the movement of physical objects. Typically, only a small number of employees are present on a site primarily for the purpose of servicing electronic equipment. Traffic to and from an electronic warehousing use type typically involves little heavy vehicle traffic for day-to-day operations, with fiber optic cables or other electronic communications media instead serving as the primary means of connecting the functions of the use to customers and others.

(b)

Examples. Example use types include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; parcel services; communication/transmission warehousing, also known as "data warehousing;" electronic switching centers for telecommunications; contractors with storage yards; and mass storage facilities for electronic data.

(c)

Similar use types, accessory uses and prohibited use types. Contractor's offices that do not include storage yards are in the category of offices.

(d)

Warehousing category specific use standards. All uses shall comply with all applicable standards in this chapter. In addition, the following standards shall apply.

(1)

Electronic warehousing. For all electronic warehousing uses, exterior areas devoted to auxiliary generators shall be screened on all sides by a brick or block enclosure that matches the exterior color of the principal building. Telecommunications uses and related electronic and mechanical equipment are subject to the following standards:

a.

Equipment area. The area for equipment shall be designated on a site plan and shall occupy at least 2,000 square feet and no more than 40,000 gross square feet of floor area. Within the PD-B zone, a maximum of 55,000 gross square feet may be permitted by-right for adaptive reuse of a principle structure existing on April 8, 2025 which is greater than 350 feet from an existing residential building.

b.

Users and customers. The equipment shall primarily serve off-site users or customers.

c.

Employee workspace. The office, workstation, or normal work place of any individual who works in the building housing this designated area shall be outside of the designated area for computation purposes.

(2)

Contractors storage yards. The contractors storage area shall meet all of the following standards:

a.

Storage yard location. It shall be incorporated into the overall design of the primary structure on the site and shall be located at the rear of the primary structure.

b.

Screening/fencing/berming. The storage yard shall be screened from view from all property lines and adjacent rights-of-way by an opaque fence or wall between six and eight feet in height that incorporates at least one of the predominant materials and one of the predominant colors used in the primary structure. Materials may not be stored higher than the height of the primary structure. The perimeter of the fence or wall shall be landscaped with a seven-foot-wide strip containing a minimum of one tree for every 150 square feet of lot area. A landscaped earth berm may be used instead of or in combination with a fence or wall.

c.

Color. If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure.

d.

Storage of flammable liquids. Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

e.

Exterior lighting. If installed, exterior lighting shall meet the functional needs of the establishment without adversely affecting adjacent properties or the neighborhood.

(3)

Accessory retail sales. Retail sales may be permitted as an accessory use in a warehouse establishment, to be limited to the lesser of either 25 percent of the establishment's gross floor area or 5,000 square feet.

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

(a)

Characteristics. The wholesale sales use category includes firms involved in the sale, lease, or rental of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or taking of orders and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. Accessory uses may include offices, product repair, warehouses, minor fabrication services, and repackaging of goods.

(b)

Examples. Examples include sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; contractor's materials; mail order houses; and wholesalers of food, clothing, auto parts, and building hardware.

(c)

Similar use types, accessory uses and prohibited use types.

(1)

Sales to public. Firms that engage primarily in sales to the general public or on a membership basis are in the category of personal services and retail sales.

(2)

Storage of goods. Firms that are primarily storing goods with little on-site business activity are in the category of warehousing.

(d)

Wholesale sales category specific use standards. All uses shall comply with all applicable standards in this chapter.

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