The following sections contain regulations for accessory uses and structures.

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

(a)

Purpose and intent. Sections 78-80.1 through 78-80.5 authorize the establishment of accessory uses and structures that are incidental and customarily subordinate to principal uses. The town's intent is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, and so long as they comply with the standards set forth in this section to reduce potentially adverse impacts on surrounding properties. Some accessory uses are required (such as parking), some are permitted by right (such as signs), some are permitted as special exceptions and many are allowed in planned development districts.

(b)

Time of establishment. No accessory use shall be established and no accessory structures shall be allowed on land until after the principal structure is constructed.

(c)

Standards for all accessory uses and structures. The following standards apply to all accessory uses and structures:

(1)

Relation to principal use. Any accessory use or structure shall directly serve the principal use or structure.

(2)

Incidental to primary use. Any accessory use or structure be customarily accessory and clearly incidental to the principal use.

(3)

Subordinate in nature. Any accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure. An accessory use may not exceed 25 percent of the floor area shared with the principal use, and any combination of more than two accessory uses may not exceed 50 percent of the floor area shared with the principal use, unless otherwise specified in this section.

(4)

Ownership. Any accessory use or structure shall be owned or operated by the same entity owning the principal use or structure.

(5)

Location. Any accessory use or structure shall be located on the same lot as the principal use or structure.

(6)

Compliance. Together with the principal use or structure, any accessory use or structure shall not violate the bulk, density, parking, landscaping, or open space standards of this chapter. Therefore, all accessory uses and structures shall conform to the applicable requirements of this chapter, including the use regulations in Article VII, Use Regulations, and the dimensional standards in individual zoning districts.

(d)

Additional use-specific standards. Regardless of whether or not an accessory use 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 accessory use. Use-specific standards are listed following Table 78-80.2(c). These standards apply to all zoning districts unless otherwise specified.

(e)

Conflicting provisions. The provisions of this section establish additional standards and regulations for accessory uses and structures. In case of any conflict between the accessory use/structure standards of this section and any other requirement of this chapter, the standards of this section shall control.

(f)

Other approvals. In addition to standards contained in this Article, accessory uses may be subject to other approvals such as a zoning inspection permit, a zoning appropriateness permit, or building permit.

(g)

Restricted or prohibited accessory uses and structures. Certain accessory uses and structures shall be prohibited or restricted as follows:

(1)

Prohibited in all zoning districts. The following uses are prohibited in all zoning districts:

a.

The commercial display and sale of vehicles shall be prohibited in all zoning districts, except for approved auto sales businesses that comply with all requirements of this chapter.

b.

Individually-owned vehicles may be identified for sale provided:

1.

The vehicle is parked on a paved surface (section 78-100.9(b));

2.

The vehicle is in operable condition (Herndon Town Code, section 26-307).

(2)

Restricted in residential zoning districts. The following activities shall not be regarded as accessory to a residential principal use and are restricted in residential districts as provided below.

a.

Vehicle repair, including engine, body, or other repair or repainting of vehicles owned by a person not residing at the address is prohibited.

b.

Portable storage units may not be established as an accessory structure on a residential site. For provisions about use of portable storage units as a temporary use, see Article IX, Temporary Uses and Structures.

c.

For provisions about parking of commercial vehicles in residential districts, see section 78-100.9(b).

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 21-O-22, 11-16-2021)

(a)

Accessory use table format. The symbols listed in the Table 78-80.2(c) have the following meanings:

(1)

"P" permitted accessory uses. A "P" in a cell indicates that an Accessory Use is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses and structures. Permitted accessory uses are subject to all other applicable regulations of this chapter, including those set forth in Article II, Zoning Districts, Article XI, Development Standards, and Articles for base and overlay zoning and overlays in Articles III through VI. A principal use permitted in Table 78-70.2(d): Table of Principal Permitted and Allowed Uses, can be permitted as an accessory use in the same zoning district where it is permitted as a principal use, subject to restrictions listed in this section.

(2)

"S" special exception uses. An "S" in a cell indicates that an accessory use is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in this section, and approval of a special exception (section 78-155.3). It shall be unlawful to conduct an accessory use requiring a special exception without proper approval of a special exception application.

(3)

"Z" allowed uses in planned developments. A "Z" in a cell indicates that an accessory use is an allowed use in the respective planned development district, subject to approval as a zoning map amendment (section 78-155.1).

(4)

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

(b)

Unlisted uses. Where a particular accessory use is not specifically listed in a zoning district or in Table 78-80.2(c): Table of Permitted and Allowed Accessory Uses and Structures, the zoning administrator will treat the consideration of unlisted accessory uses and structures as an interpretation and will follow procedures established for determinations in section 78-150.6(e) subject to the standards established for considering unlisted uses in accordance with section 78-70.1. F.

(c)

Table of permitted and allowed accessory uses and structures. The Table of Permitted and Allowed Accessory Uses and Structures, Table 78-80.2. C. identifies the uses permitted within base districts. (See also section 78-70.2(d): Table of Principal Permitted and Allowed Uses, and Table 78-90.1(b), Allowed Temporary Uses and Structures; See also use specific standards in section 78-80.4)

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-20, § 1, 7-9-2019; Ord. No. 19-O-43, § 1, 12-10-2019; Ord. No. 20-O-01, § 1, 1-14-2020; Ord. No. 21-O-22, 11-16-2021; Ord. No. 25-O-01, § 1, 1-28-2025; Ord. No. 25-O-13, § 1, 8-12-2025)

(a)

Accessory structures in residential districts. Accessory structures in residential district shall meet the following standards, unless otherwise specified in this section:

(1)

Location. Accessory structures, except fences and walls, shall not be located within a required setback or required side yard, except accessory buildings on corner lots may be located within the side yard. Accessory structures except fences and walls shall be located so the structure is not closer than:

a.

Five feet to any alley line;

b.

Two feet to any side or rear lot line, except for a townhouse dwelling lot, where the accessory structure may be located on the side or rear lot line.

c.

Ten feet to the principal dwelling for any single-family detached or duplex dwelling.

(2)

Maximum height. The height of an accessory structure shall not exceed 15 feet.

(3)

Maximum floor area. On any lot, the combined floor area of all detached accessory structures shall not be greater than 50 percent of the floor area of the principal structure, unless otherwise specified in this chapter.

(4)

Residential occupancy. Residential occupancy shall not be allowed in any accessory structure except under the provisions of section 78-80.4, accessory dwelling unit.

(5)

Temporary accessory structures. Temporary accessory structures shall be governed by the procedures and standards of section 78-155.6(e)(4), temporary use site plan, and Article IX, Temporary Uses and Structures.

(b)

Accessory structures in multi-family and nonresidential districts. Accessory structures in multi-family and nonresidential districts shall meet the following standards:

(1)

General requirements. Structures accessory to multi-family and nonresidential uses shall be subject to the approval of a site plan and approved through the site plan review process, section 78-155.6. and shall be subject to approval by the architectural review board under chapter 58 of the Code of Ordinances or the historic district review board under section 78-60.3.

(2)

Location. The location of accessory structures in multi-family and nonresidential districts shall be subject to the following:

a.

Accessory structures other than gate houses shall not be located within the required front setback.

b.

Accessory structures shall not be located within any required buffer, screening or landscaped areas.

c.

Accessory buildings located on land adjacent to existing residential development or undeveloped land in a residential zoning district shall be located not closer to the property line than a distance equivalent to the height of the accessory structure.

d.

Trash enclosures shall be located at least 50 feet away from a lot line adjoining existing residential development or undeveloped land in a residential zoning district.

(3)

Maximum height. The height of an accessory structure other than a parking structure shall not exceed the lesser of the height of the principal structure on the site, or 18 feet. A parking structure shall not exceed the height of the principal structure.

(4)

Maximum floor area. The maximum floor area of all structures, other than parking structures, accessory to principal multi-family and nonresidential uses shall not exceed ten percent of the area of the lot on which the permitted principal use is located.

(5)

Temporary accessory uses and structures. Temporary accessory uses and structures shall be governed by the procedures and standards of section 78-155.6(e)(4), temporary use site plan, and Article IX, Temporary Uses and Structures.

(c)

Accessory features (such as fences, walls, retaining walls, gate houses, trash enclosures, refuse containers, screening enclosures, storage sheds, and swimming pools) in all zoning districts. Standards stated elsewhere in this chapter shall govern for specific accessory structures or uses. The following standards shall apply to features such as fences, walls, retaining walls, gate houses, trash enclosures, refuse containers and screening enclosures:

(1)

Within historic district overlay. A certificate of appropriateness may be required in the historic district overlay.

(2)

ARB review. Approval by the architectural review board may be required for multi-family and nonresidential properties outside of the historic district overlay.

(3)

Development standards. Development standards for fences, walls, waste receptacles, refuse collection points, retaining walls, storage structures, and other features apply and are contained in Article XI, Development Standards.

(d)

Architectural and mechanical features (such as parapets, penthouses for equipment, flagpoles, chimneys, skylights, steeples and other roof structures), in all districts. Parapets, penthouses for equipment such as elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, flagpoles, chimneys, skylights, steeples and other roof structures are permitted as features accessory to the principal structure, and subject to the following:

(1)

No additional floor area. Such features shall not be used for providing additional floor area;

(2)

Concealment. Equipment shall be concealed by exterior material of the same type as that used in the exterior walls of the principal structure;

(3)

Height limit. Features on multifamily residential structures shall not exceed 25 feet over the prescribed height limit in the zoning district in which the principal structure is located and features on residential structures shall not exceed 12 feet over the roof of the top story or the prescribed height limit in the zoning district in which the principal structure is located, whichever is less; and

(4)

Noise. Equipment noise shall be contained or managed so as to minimize its off-site effect.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 20-O-61, § 1, 11-17-2020; Ord. No. 21-O-22, 11-16-2021; Ord. No. 25-O-13, § 1, 8-12-2025)

Accessory uses and structures listed below shall comply with the following specific standards.

(a)

Accessory dwelling unit. An accessory dwelling unit is permitted in the zoning districts specified in table 78-80.2(c) and shall comply with the following standards:

(1)

Special exception required. A special exception shall be required when an internal accessory dwelling unit is proposed in a single-family attached townhouse.

(2)

Compliance with building code standards. An accessory dwelling unit shall comply with all applicable building code standards.

(3)

No mobile homes or recreational vehicles as accessory dwellings. Mobile homes, recreational vehicles, travel trailers, manufactured homes, and the like shall not be used as accessory dwelling units.

(4)

One accessory unit per lot. There shall be no more than one accessory dwelling unit on a lot in addition to the principal dwelling.

(5)

Size limit.

a.

Internal or attached. The floor area of an internal or attached accessory dwelling unit shall not exceed 40 percent of the gross floor area of the principal dwelling, or 1,200 square feet, whichever is less.

b.

Detached. The maximum gross floor area of a detached accessory dwelling unit shall not exceed 900 square feet.

1.

Covered or screened porches do not count towards the maximum floor area. Porches otherwise enclosed do not count towards the maximum floor area unless the space is conditioned.

2.

Detached accessory dwelling units and any associated porches count towards the minimum lot coverage allowed in the underlying district.

(6)

Location.

a.

Detached accessory dwelling units are limited to the rear yard. A detached accessory dwelling unit shall have a minimum setback of ten feet from the rear and side property lines and ten feet from the principal structure.

1.

Existing accessory structures. A detached accessory dwelling may be incorporated into a detached accessory structure that does not meet the above setbacks provided the detached accessory structure legally existed on or before October 26, 2021.

2.

Encroachments. Encroachments into the setback are limited to the following features and must comply with the provisions of table 78-21(f): Chimney, eaves, trim, fascia boards, sills, cornices, bay windows, patios, retaining walls, terraces, and similar features (other than decks located more than two feet above grade).

b.

Attached accessory dwelling units shall meet the setback requirements of the underlying zoning district.

(7)

Entrance location.

a.

The external entrance for internal or attached accessory dwelling units shall be located on the side or the rear of the structure. On corner lots, the entrance may face the secondary front setback.

b.

A sliding door is not permitted as the main exterior entrance to the accessory dwelling unit.

(8)

Limit on bedrooms and occupancy. An accessory dwelling unit shall not contain more than two bedrooms or be occupied by more than three persons.

(9)

Occupancy standards. Either the accessory dwelling unit or the principal dwelling shall be occupied by the owner of the principal dwelling as their primary residence. If the owner of the principal dwelling ceases to occupy one of the dwelling units as their primary residence, the entire property is limited to one family as defined in section 78-180.

(10)

Parking. There shall be a minimum of one off-street parking space with convenient access to a street for the accessory dwelling unit. The off-street parking shall be in addition to the off-street spaces required in Article X - Parking, Loading, and Circulation, for the principal dwelling.

(11)

Not to be sold separately. Accessory dwelling units shall not be sold apart from the principal dwelling upon the same lot where they are located.

(12)

Compliance with health, safety, sanitation and building code regulations. Any accessory dwelling unit shall meet the applicable code regulations for building, safety, health, and sanitation standards. During reasonable hours upon prior notice, the applicant shall make provisions to allow officials to make the appropriate inspections.

(13)

Zoning permit time limits. A zoning inspection permit is required for an accessory dwelling unit. The zoning inspection permit for the accessory dwelling unit shall expire at any time the use does not comply with any of the conditions of approval or the terms of this chapter.

(14)

Conflicting provisions. In the case of any conflict between the accessory dwelling unit standards of this section and any other requirement of this chapter or the subdivision ordinance, the standards of this section shall control.

(b)

Accessory food preparation area. Accessory food preparation areas include secondary kitchens and wet bars.

(1)

Secondary kitchens. Secondary kitchens, as defined in Article XVIII, are permitted in residential dwellings in the zoning districts specified in table 78-80.2(c), and in accordance with the following provisions.

a.

The secondary kitchen is located on the same floor as the primary kitchen and the secondary kitchen is not separated from the remainder of the dwelling unit by door(s) equipped with any of the following: an entry lock set, deadlock, slide lock or chain, or similar locking apparatus or through the construction of other forms of partition. A second kitchen within an accessory dwelling unit is regulated under section 78-80.4(a).

b.

A zoning inspection permit is applied for and approved.

(2)

Wet bars. Wet bars, as defined in Article XVIII, are permitted by-right in accordance with all of the following provisions:

a.

A wet bar shall not contribute toward establishment of an unauthorized dwelling as described in section 78-71.1(d)(3), establishment of unauthorized dwelling units.

b.

The location of the wet bar, when in the same structure as the primary kitchen, shall not be separated from the remainder of the dwelling unit by door(s) equipped with any of the following: an entry lock set, deadlock, slide lock or chain, or similar locking apparatus or through the construction of other forms of partition.

c.

A wet bar shall not contain any oven exceeding 2.2 cubic feet, a stove, range, stovetop, grill, 240-volt electrical outlet(s) or any gas lines, a sink having a waste line drain in excess of one and one-half inches in diameter, a rough in for any of the above items, portable burner(s) and/or portable cooktops.

d.

Wet bars located outside of any building and associated with patio areas may have grills, cooktops and gas lines, but shall not be enclosed on more than two sides.

e.

No more than one wet bar is permitted per dwelling unit.

(c)

Antenna of all kinds, except commercial communication towers, freestanding. The following standards are adopted to comply with applicable state and federal law, including the Federal Telecommunications Act of 1996 and the "Spectrum Act", and to control the location and screening of antennae to mitigate impact on surrounding properties.

(1)

Small satellite dish antennae. Satellite dish antennae of one meter (or 39 inches) or less in diameter shall be screened or located so as to not be visible from a public street.

(2)

Large satellite dish antennae. Satellite dish antennae measuring one meter or more are permitted accessory uses in nonresidential districts. Such dishes are subject to the standards set forth below to the maximum extent feasible, but only where there is no impairment of acceptable signal quality. These regulations are not intended to impose unreasonable delays or impose unreasonable costs on the installation, maintenance, or use of satellite dishes, and shall not be interpreted or enforced in any manner contrary to federal or state law.

a.

Within the historic district overlay, satellite dishes shall be screened or located so as to not be visible from any public streets.

b.

Satellite dishes shall be located to the rear of the principal building, and not within five feet of any side or rear property line or in any required buffer.

c.

Satellite dishes shall be screened so that no more than 40 percent of the area of the satellite dish antenna is visible from any public street or private street open to the public. The screen may consist of, but is not limited to, fences, buildings, plantings, or any other opaque vegetation or structure permanently affixed to the real property. Screens of vegetation may be installed to meet this standard.

(3)

Commercial antennae. Antennae may be located on existing structures provided the following standards are met:

a.

All antenna, including canisters, must match the color of the structure on which they are located.

b.

Roof-mounted arrays shall not be visible from a public right-of-way.

c.

Must receive a certificate of appropriateness when located within the historic district overlay and visible from a public right-of-way.

(4)

Noncommercial radio towers, masts or antennae. Noncommercial radio towers or masts and amateur radio antennas may exceed the prescribed height limit by 25 feet, except amateur radio antennae may be accommodated if they meet reasonable and customary engineering practices, and are consistent with the following:

a.

An amateur radio antenna (antennae) may be erected or maintained to a maximum height of 75 feet above ground level, with no restriction on the number of support structures.

b.

An amateur radio antenna shall not be located closer than a distance equal to one-fifth of its height to any lot line.

c.

The antenna shall be erected by a certified rigger who shall annually re-inspect and certify to the zoning administrator the structural integrity of the antenna.

d.

The owner of an antenna shall obtain and maintain liability insurance coverage in reasonable amounts to protect the owner from claims for bodily injury, death, and property damage related to the erection and maintenance of the antenna, and shall, upon demand, provide evidence to the town that such insurance coverage has been obtained.

e.

Upon discontinuation of use of the antenna for more than one year, the owner of the land on which the antenna is located shall remove the antenna within the succeeding one-year period.

(d)

Bed and breakfast establishment. Bed and breakfast establishments are permitted by special exception in accordance with the provisions of section 78-155.3, special exceptions and Article VIII, Accessory Use Regulations, as follows:

(1)

Limited to certain housing types and zoning districts. Bed and breakfast establishments may be established in owner- or operator-occupied single-family detached homes, including normal residential accessory structures existing as of March 1, 2007, in the R-15 and R-10 zoning districts; and in the historic district overlay.

(2)

No commercial rentals. Commercial use or rental of the property for business meetings, seminars, receptions, or similar events or activities shall not be permitted. Noncommercial activities other than simple lodging and breakfast service anticipated by the applicant as part of the bed and breakfast use must be included specifically with the special exception application.

(3)

Special exception requirements. The proposed site shall conform to the requirements for special exception uses in Article III, Residential Districts, and other zoning requirements. No special exception for a bed and breakfast establishment may be granted if the special exception would result in a site or structure that would be nonconforming under the terms of Article XVI, Nonconformities.

(4)

Residential character shall be maintained. Bed and breakfast establishments shall be deemed a residential use subject to applicable standards in this chapter. To maintain residential character the following additional standards shall be met:

a.

The exterior of the single-family dwelling in which the bed and breakfast establishment is operated shall maintain its single-family dwelling character.

b.

Commercial vehicle traffic to the facility for services such as laundry, food delivery, and refuse collection shall not exceed that customarily associated with a single-family detached dwelling.

c.

On site features (such as swimming pools, outdoor seating areas, outdoor dining areas, or parking) used specifically for the operation of the bed and breakfast establishment shall be screened to minimize impact on adjacent properties used for residences.

(5)

Application requirements. In addition to the submittal requirements described in section 78-152.2, the application for the special exception shall include:

a.

A report by the town's building official, based on an inspection of the property by the building official, about building modifications that are needed, if any, to comply with building code requirements for use of the property as a bed and breakfast establishment under the Virginia Uniform Statewide Building Code and Section 310 of the International Building Code.

b.

On-site lighting shall be shielded to prevent adverse off-site impact.

(6)

Parking. The parking requirement for a bed and breakfast establishment is stated in section 78-100.3, off-street parking and loading standards and is in addition to the parking required for the structure as a single-family detached dwelling. Parking spaces used to fulfill the parking requirement for a bed and breakfast establishment shall meet the standards for residential uses in section 78-100, off-street parking and loading and the following additional standards:

a.

Guest parking shall be on a paved surface, except use of alternative pavements such as brick pavers and porous pavement in accordance with section 78-100.8(b)(4), standards for alternative materials, is encouraged and permitted.

b.

Guest parking shall not be stacked on-site. All guest vehicles shall have free access and circulation without being blocked by other vehicles on the site.

(7)

Limitations on operation. Operation of the bed and breakfast shall be limited as follows:

a.

The maximum number of guest rooms on any one property is three and the maximum number of guests permitted on any given date is six.

b.

The maximum rental term allowed for a specific guest is seven days within any six-month period.

c.

Each establishment shall maintain an accurate record of each individual guest and the duration of the guest's stay. Such records may be requested and reviewed by the town upon notice.

d.

A bed and breakfast establishment shall not include an eating establishment; however, breakfast and light fare may be provided for resident guests.

e.

No cooking shall be permitted in guest rooms and no accessory food preparation area shall be permitted for the use of the bed and breakfast establishment.

(8)

Permits and inspections. A bed and breakfast establishment shall be subject to the following permit and inspection requirements:

a.

A zoning inspection permit, a certificate of occupancy, and a business and professional occupation license shall be obtained prior to initial operation of the business as a bed and breakfast establishment. However, approval as a home-based business is not required.

b.

Residences operating as a bed and breakfast establishment shall meet the applicable code regulations for building safety, health, and sanitation. During reasonable hours upon prior notice, the applicant shall make provisions to allow officials to make the appropriate inspections.

c.

The special exception and zoning inspection permit for the bed and breakfast establishment shall expire:

1.

Ninety days from the date on which the owner or operator no longer occupies the property. The owner or operator shall notify the zoning administrator at such time as the owner or operator no longer occupies the property; or

2.

One year from the date of approval of the special exception if the bed and breakfast establishment has not begun; or

3.

One year from the date the use was terminated; or

4.

At any time, the use does not comply with any of the conditions of approval or the terms of this chapter.

(e)

Car/vehicle rental accessory to hotels, motels, inns and conference centers. Vehicle rental is permitted by special exception as an accessory to hotels, motels, inns and conference centers and shall comply with the following standards:

(1)

Located on-site. Vehicles must be located on the site to which their rental is accessory.

(2)

Siting standards. The location of the vehicles on the site must meet all siting standards of the principal use to which it is accessory;

(3)

Limit on parking area. The area used for the parking and storage of vehicle for rent shall be no greater than 10 percent of the site area;

(4)

Limits of vehicle location. Vehicles shall be located at least 250 feet from schools, daycare centers, residential uses, or undeveloped land in residential zoning districts.

(5)

Landscaping. In addition to the landscape requirements in Article XI, the building setback and yard areas shall be landscaped to provide a buffer between the right-of-way and vehicle storage areas.

(6)

Vehicle display. Vehicle display shall be limited as follows:

a.

Vehicles shall not be displayed within a required setback or buffer.

b.

There shall be no display of vehicles for rent along any street frontage.

c.

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

d.

There shall be no racks that tilt vehicles in any way.

e.

The storage and parking of vehicles shall not use or interfere with parking or loading spaces required for the principal use.

(f)

Car/vehicle wash accessory to other automotive uses. The standards of section 78-80.4(j), drive-through service accessory to a retail pharmacy, financial institution, laundry, eating establishment or other principal commercial use shall apply as appropriate.

(g)

Car/used vehicle sales accessory to new vehicle sales and vehicle service and repair uses. Used vehicle sales is permitted by special exception as an accessory to new vehicle sales and vehicle service and repair uses and shall comply with the following standards:

(1)

Subordinate to new vehicle sales. The subject accessory use operates in conjunction with and subordinate to an established new vehicle sales or vehicle service and repair use;

(2)

Minimum area. The subject property for the principal and accessory use shall have an area of at least 40,000 square feet;

(3)

Located on same lot. The subject accessory use shall be located on the same lot and in the same zoning district as the principal use;

(4)

No parking in setback. No vehicles for sale shall be parked in the required setback or between the principal structure and the street, whichever distance is the greater;

(5)

Limit on number of vehicles. The number of vehicles associated with the accessory use shall not exceed ten vehicles and shall be located in a contiguous space designated for the exclusive use of the dealer;

(6)

Vehicle shall be in parking spaces. All vehicles associated with the accessory use shall be parked in a dedicated parking space;

(7)

Signs, flags, banners, balloons. The display of signs, banners, small flags, balloons and the like, on vehicles for sale shall not be permitted. This shall not include signs required under Code of Virginia tit. 46.2, subtit. IV, ch. 15, Motor Vehicle Dealers;

(8)

Vehicle display. Vehicle display shall be limited as follows:

a.

Vehicles for sale shall not be elevated off the ground]

b.

Vehicle hoods shall not remain open to expose the engines;

(9)

Vehicle testing. Vehicles shall not be tested on minor collector and local streets;

(10)

Landscaping. The minimum ten-foot wide planted landscaping strip along the street frontage shall be provided in conjunction with a four-foot tall fence, hedge or wall;

(11)

Commercial vehicle sales. Sales of commercial vehicles and equipment as defined by section 42-1 of the Town of Herndon Code, in addition to the sale of air, aquatic and construction vehicles or equipment, shall not be permitted;

(12)

Limits on other vehicle sales/storage. Vehicle sales shall not include vehicle leasing, rental or storage.

(13)

Limit on number of special exceptions. There shall be no more than one such special exception per property;

(14)

DMV and other requirements. Uses shall meet all requirements as stated in Code of Virginia tit. 46.2, subtit. IV, ch. 15, Motor Vehicle Dealers, and other relevant sections of the Code of Virginia and the Virginia Department of Motor Vehicles.

(h)

Caretaker's or security guard's residence. Caretakers' or security guards' residences are subject to compliance with the following standards:

(1)

One per principal use. Only one unit per principal use is allowed, and it shall be occupied by at least one person, who shall be an owner or employee of the business that is the principal use.

(2)

Located on premises. It shall be located on the same premises with the principal use.

(3)

Size limit. It shall not exceed 1,000 square feet in area.

(4)

Style. It shall be limited to one floor and constructed so that the exterior architectural style of the dwelling is consistent with the development style of the structure housing the principal use.

(i)

Daycare center, childcare center or pre-school as an accessory use to a principal commercial use or as an accessory use in a planned development—Residential district. A daycare center, childcare center, or pre-school as an accessory use shall comply with the following standards:

(1)

Principal use standards. The standards set forth in section 78-71.2(d)(2) for daycare center, childcare center, or pre-school as a principal use.

(2)

Limit on floor area. Not exceed an amount of floor area equivalent to 20 percent of the total floor area of the principal use to which is it is accessory.

(3)

Compatibility. Be allowed as an accessory use only if designed and located to be compatible with adjacent land uses in terms of hours of operation, noise, lighting, parking, and similar considerations, and not cause significant traffic impacts.

(4)

Capacity in PD-R districts. In a planned development—residential district, the capacity of the facility must be no greater than the need generated by the planned development—residential district to which the facility is accessory. For purposes of calculating permitted capacity, the applicant may include 100 percent of the number of projected children at the age being served by the facility within the planned development.

(j)

Drive-through service accessory to a retail pharmacy, financial institution, laundry, eating establishment or other principal commercial use. A drive-through lane accessory to a principal commercial use shall comply with the following standards:

(1)

Special exception required. A drive-through lane be allowed only by special exception as accessory to a principal commercial use in an enclosed structure. In approving the use, the town may impose conditions relating to the location, configuration, and operational aspects of such drive-through service as to ensure its compatibility with surrounding uses, its consistency with the layout of the site, and its compliance with the town's building codes and all relevant state laws and regulations.

(2)

Stacking lane required. A stacking lane shall be provided for the drive through window as follows:

a.

The stacking lane shall be a minimum of 12 feet wide and 180 feet long as measured from the drive-through window, except that for uses which include a remote ordering device, the width and length of the required stacking lane shall be measured from the remote ordering device.

b.

The stacking lane shall be used solely for drive-through window service vehicle stacking and shall not conflict with or extend into vehicle parking areas, drives, aisles, or loading areas. For uses other than eating establishments, a shorter stacking lane may be approved based upon technical information relating to stacking requirements of a particular use.

c.

Except for that portion of the lane which is adjacent to the building, the vehicle stacking lane shall be located adjacent to a landscaped open space area on at least one side.

d.

The vehicle stacking lane and drive-through window shall be screened to avoid being a dominant visual feature of the site when it is viewed from adjacent streets.

(3)

Site landscaping. Notwithstanding the provisions of section 78-110, landscaping, a landscaped buffer a minimum of 15 feet wide shall be provided along all street frontages and shall provide the amount and types of landscape materials as specified in section 78-110.

(4)

Ingress and egress limitations. One vehicle ingress and egress is permitted, except that the town may approve additional vehicle ingress and egress in the following instances:

a.

The principal use shares a vehicle ingress and egress with a commercial use on an adjoining property;

b.

The principal use is developed as an integral feature of a site plan for a commercial shopping center or mixed-use development; or

c.

The use is located on a parcel with frontage on more than one street and the town finds that an additional vehicle ingress and egress will improve on-site and off-site circulation.

(5)

Location of ingress and egress. All ingress and egress for vehicles shall be in accordance with the standards in the public facilities manual and shall be located at least ten feet from the property line of adjoining parcels. Egress located on urban minor arterial or higher classification shall be posted with signs prohibiting left-hand turning movements from the site accompanying any entrance configuration to prohibit left turns.

(6)

Pedestrian access. A pedestrian access path from public sidewalks to every building entrance shall be provided, and shall include access ramps at all curbs. Where any pedestrian access path crosses a drive-through aisle or stacking lane, the pavement of the drive-through aisle or stacking lane shall be constructed of a material which differs in color from the rest of the drive-through aisle or stacking lane pavement. No pedestrian access path shall cross any parking or loading space.

(7)

Bicycle parking. Bicycle parking facilities shall be provided.

(8)

Signage. Any exterior drive-through service price sign placed in association with any drive-through window use shall be positioned so that the message content is not visible from adjacent streets.

(9)

Canopy lighting. Lighting for canopies for drive-through service shall not exceed an average of 12 foot-candles as measured at ground level at the inside of the outside edge of the canopy.

(10)

Screening. A masonry screening wall a minimum of six feet high shall be provided along any side lot or rear lot line adjacent to a residential use or district.

(k)

Financial institutions. Financial institutions that provide all or some of the services as defined in Article XVIII, Definitions, are permitted accessory to a principal use with the following conditions:

(1)

Notification to police. 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 accessory used and its proposed location.

(2)

No separate entrance. The accessory use shall share a public entrance with the principal use and have no separate entrance that serves only the accessory financial service use.

(l)

Keeping of livestock. The keeping of livestock as an accessory shall be subject to the following provisions:

(1)

General prohibition. Except as provided in this subsection the keeping, harboring, or maintaining fowl or livestock of any weight or any age is prohibited.

(2)

Vietnamese potbellied pigs. In residential districts, on lots of at least 15,000 square feet or more in size, improved with a single-family detached dwelling, one Vietnamese Pot Bellied Pig may be kept as a household pet that is kept primarily indoors. When outside and not accompanied by its owner, such pig shall be kept in a fenced rear yard with a minimum fence height of four feet from grade and capable of containing such a pig. There exists no such rear yard requirement when such pig is outside accompanied by such pig's owner.

(3)

Chickens. In the R-10, R-15 and PD-R residential districts, on lots of at least 6,000 square feet or more in size, improved with single-family detached dwelling, up to four female fowl, commonly known as a domesticated chicken, may be kept as pets, based on the following standards:

a.

No fowl shall run at large outside of a fenced area. The fence shall not extend forward of a line formed by the front façade of the lot's principal structure, and on corner lots the fence shall not extend forward of the rear corner of the principal structure located closest to the right-of-way. The fence must meet the requirements of section 78-115, wall, fencing and hedge standards and must be able to contain the fowl including any chicks.

b.

An enclosed coop and run or a chicken tractor used for confining, accommodating, and sheltering fowl shall be provided and be subject to the following standards:

1.

The coop or coop portion of a chicken tractor shall provide a minimum of 2.5 square feet per fowl and the run or run portion of a chicken tractor shall provide a minimum of 4.0 square feet per fowl.

2.

The coop and run or chicken tractor shall not be located closer than ten feet from any side or rear lot line and shall not extend forward of a line formed by the rear façade of the lot's principal structure. On corner lots the coop and run or chicken tractor shall not extend forward of the principal structure's rear corner located closest to the right-of-way.

3.

The coop and run or chicken tractor shall not be considered an accessory structure for purposes of placement, but roofed portions shall meet requirements for lot coverage and building coverage. The coop and run or chicken tractor may abut the rear façade of the principal structure, pursuant to any applicable building code requirements.

4.

The coop and run or chicken tractor shall not be located within any drainage easement, drainage swale or within the Chesapeake Bay resource protection area.

5.

The coop and run or chicken tractor shall provide ventilation and protection from wind, other weather elements, and predators. If heated, any electric connection shall be to an approved GFI exterior electrical outlet.

6.

There shall not be more than one coop and run, or one chicken tractor on site at any one time. This shall not preclude a separate area fenced for the protection of free ranging fowl and not constituting the run attached to the coop. Any such fenced area shall meet the standards of section 78-80(l)(3)c., below.

7.

The coop and run or chicken tractor shall not exceed five feet in height, inclusive of piers.

8.

The coop and run or chicken tractor shall be specifically designed and constructed for the purpose of protecting and containing fowl.

9.

The coop and run or chicken tractor shall be visually screened from abutting properties and along abutting rights-of-way with fencing or landscaping meeting all other applicable sections of Chapter 78. The minimum height of the screening shall be as tall as the tallest point of the coop and run and chicken tractor.

c.

Free ranging of fowl (allowing fowl to wander outside the coop and run or chicken tractor) is allowed exclusively during daylight hours, shall be supervised, and only within fenced areas that shall not extend forward of a line formed by the front façade of the lot's principal structure, and on corner lots shall not extend forward of the principal structure's rear corner closest to the right-of-way. The fence must meet the requirements of section 78-115, wall, fencing and hedge standards, and must be able to contain the fowl including any chicks that may be present.

d.

The sale or donation of any food, fiber, or other by-products from a fowl is not permitted on site.

e.

Any associated waste from such fowl shall be properly handled and disposed of so as to not create odor, attract vermin, or create a nuisance to residents or occupants of surrounding properties. Any compost pile for fowl waste shall not be located within any required yard or setback. Waste shall not be allowed to drain or wash onto adjacent properties and must be fully contained on site.

f.

A zoning inspection permit, issued by the zoning administrator, shall be required for the keeping of fowl. Such permit shall be valid for a period not to exceed 12 months and may be renewable, if it is renewed. If the property is found to be in violation or in the future is found to be in violation of the standards of this subsection, section 78-80(l)(3), such permit shall not be issued, or if issued, may be revoked after notice to the holder of the permit and hearing before the zoning administrator, among other possible avenues for a hearing. If the permit is revoked, the fowl shall be removed from the property within 30 days following revocation. Nothing in this subsection shall eliminate or affect the requirement for a separate zoning inspection permit as to any home-based business conducted on the property.

g.

On-site slaughtering of fowl shall not be permitted.

h.

All applications for the keeping of fowl shall include the following items:

1.

A building or house location survey, or if none is available, scale drawing of the property;

2.

Size and location of existing and proposed structures with dimensions.

3.

Distances from all structures to all lot lines and other adjacent structures.

4.

Height of proposed structures.

5.

Existing easements and known drainage swales; and

6.

Existing and proposed impervious surfaces with dimensions and lot coverage calculations.

(m)

Minor utilities. A minor utility use shall comply with the following standards:

(1)

Location. A minor utility use shall be located within reasonable proximity of the area to be served.

(2)

Compatibility. In addition to the landscape and screening requirements in Article XI, Development Standards, a minor utility shall provide adequate setbacks, screening and buffering around the perimeter of the proposed use as deemed necessary by the zoning administrator to ensure land use compatibility with surrounding uses.

(3)

Located underground, generally. All new minor utility services and connections including, but not limited to, all wires, cables, pipes, conduits and appurtenant equipment, which carry, transmit or are otherwise utilized in connection with the furnishing of electric power, telephone, telegraph, cable television, internet services, petroleum, gas, steam, water, or drainage or sanitary sewer systems, must be placed below the surface of the ground, except that:

a.

Equipment related to a minor utility use, such as electric distribution transformers, switchgear, meter pedestals, and telephone pedestals, which is normally installed above ground in accordance with accepted utility practices for underground distribution systems, may be installed above ground.

b.

Gas meters and other similar devices normally attached to the outside wall of the premises which they serve may continue to be so installed.

c.

Existing overhead utility services and connections may be repaired, replaced or increased in capacity.

d.

New connections to electric power or telephone systems made to parcels which are served by overhead services or connections may be above ground when the parcel was created by a subdivision of land prior to November 14, 1978, and the use of the parcel is that of single-family or duplex dwelling and the parcel is located in a residential zoning district.

e.

Cable television services and connections may be above ground only where such is specifically permitted under the terms of a franchise agreement with the town.

f.

The installations of any utility company having a franchise agreement with the town are regulated by the provisions of this section only to the extent that the terms of the utility company's franchise agreement do not conflict with the requirements of this section.

(4)

Installed in conformance with accepted practices. All installations of minor utility services and connections shall be constructed in accordance with accepted standards of utility practice for connection and construction.

(n)

Outdoor serving areas accessory to an enclosed use providing food or beverage for sale or tasting. Outdoor serving areas providing or allowing outdoor consumption of food or beverage accessory to an established enclosed use food or beverages for sale or tasting shall comply with the following standards:

(1)

No obstruction of sidewalks. The outdoor serving areas shall be located on a private sidewalk or plaza area in such a manner so as to permit unobstructed pedestrian passage. Such passage shall meet all applicable code requirements as well as other standards established by the zoning administrator for safe and convenient pedestrian movement.

(2)

Located outside required parking areas. The outdoor serving areas shall not be located within a required parking area.

(3)

Delineated on plan. The outdoor serving areas shall be confined to an area delineated to scale on a plan approved by the zoning administrator or approved at the time of zoning map amendment, development plan or site plan.

(4)

Physical barrier. A physical barrier, such as a wall, fence, planters or bollards may be installed to define the outdoor serving areas.

(5)

Waste receptacles. Trash and debris shall be disposed of on the site of the business establishment and public sidewalk trash containers shall not be used for disposing of waste or recycling generated by customers or the business. When outdoor receptacles are provided on site for use by customers, both trash receptacles and recycling receptacles shall be provided with appropriate signage to distinguish their use.

(6)

Location relative to residential districts. Outdoor serving areas shall not be located within 70 feet of a property zoned R-15, R-10, RTC or RM.

(7)

Hours of operation. Establishments with outdoor serving areas located within 100 feet of property used for residential uses, including mixed-use development incorporating residential uses, shall limit their hours of outdoor operation to between 7:00 a.m. and 2:00 a.m. Outdoor serving areas located further than 100 feet of property zoned or used for residential purposes shall limit the hours of outdoor dining to between 7:00 a.m. and 2:00 a.m.

(8)

Umbrellas and heaters. Exterior umbrellas or heaters shall be weighted and shall meet all applicable codes.

(9)

Additional parking. Parking shall be required for exterior seating in excess of 32 seats. Parking for this excess shall be calculated at the parking ratio required for interior restaurant seating.

(10)

Limit on outdoor kitchen/bar equipment. No exterior kitchen or bar service equipment shall be permitted abutting a public right-of-way unless permitted in association with, and for the duration of, a permitted temporary use permit. If such equipment, when not associated with a permitted temporary use permit, is visible from the adjacent right-of-way, landscaping or other screening as approved by either the HDRB or ARB, shall be installed to screen the equipment from the right-of-way.

(o)

Outdoor storage as an accessory use. Outdoor storage, other than vehicle sales and service, and including parking of fleet vehicles, may be allowed as an accessory use as shown section in section 78-80.2(c), table of permitted and allowed accessory uses. The storage area shall meet all of the following standards:

(1)

Design and location. Each outdoor storage area 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.

(2)

Limitation on goods to be stored. Goods, other than fleet vehicles, stored in an outdoor storage area shall be limited to those sold on the premises as part of an associated, additional primary use.

(3)

Storage. Each outdoor storage area shall be screened in accordance with section 78-114.2, screening standards.

(4)

Covered storage. 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.

(5)

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

(6)

No storage in circulation areas. No materials may be stored in areas intended for vehicular or pedestrian circulation.

(7)

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

(p)

Outdoor display of products for sale. An area of designated size used for the display of seasonal merchandise or tangible property normally sold within the contiguous business or organization is permitted in the central commercial district, the planned development-downtown district, the planned development-traditional downtown district, and the commercial service district as long as the display area, including any structures and products, meets the following standards:

(1)

Access and circulation to be maintained. Outdoor display areas shall not block access to the building or otherwise impair circulation and safety;

(2)

Located outside right-of-way. Outdoor display areas shall be located outside of the public right-of-way unless it is the subject of an approved application for a license to use the public right-of-way;

(3)

Not a storage area. The outdoor display area shall not serve as simply as storage for products that cannot be stored elsewhere on the site;

(4)

No display of durable goods. The outdoor display area shall not include durable goods such as furniture, carpets and large household appliances; and

(5)

Delineated on plan. The outdoor display must be shown on an original site plan or site plan amendment, certificate of appropriateness, temporary use site plan, license to use the public right-of-way, or other permit as may be applicable to the circumstances of the business seeking the outdoor display.

(q)

Recreational vehicle parking and storage. Parking and storage of recreational vehicles shall be subject to the following standards:

(1)

Limitations on parking in commercial and industrial zones. Except in approved storage yards as permitted in section 78-71.16, self-service storage use category, section 78-80.4(o), outdoor storage as an accessory use, or similar approved uses, the parking of recreational vehicles for over 12 hours is prohibited in commercial and industrial zones.

(2)

Limitation on parking in residential districts. Recreational vehicle parking is permitted in residential districts in accordance with section 78-100.9(b), limitations on parking in residential districts.

(3)

Recreational vehicles not to be used for habitation. Recreational vehicles shall not be used for either temporary or permanent human occupancy while parked within the town limits.

(r)

School uses in conjunction with religious institutions. All schools developed in conjunction with a religious institution shall comply with the following standards:

(1)

Education use category. The accessory school use shall comply with standards in section 78-71.2 for the education use category;

(2)

Regulatory compliance. The accessory school use shall comply with all applicable federal, state and local laws and regulations for schools; and

(3)

Size limitations. The accessory school use shall be an accessory use to the religious institution, and may exceed 50 percent of the floor area of combined school and religious institution.

(s)

Social service and similar community service uses. Outreach facilities that provide a direct service by not for profit organizations to clients are permitted with a special exception within a structure used for single-family attached and multi-family dwellings as long as the floor area for the facility does not exceed an amount equivalent to the average of the floor area of two dwelling units in the affected structure. Direct services include instruction in life skills, tutoring, limited health screening or treatment. For purposes of co-location in a structure used for single-family attached and multi-family dwellings, outreach services shall not include uses that consist solely of daycare, child care, office or administration.

(t)

Mobile food unit preparer, full service. Mobile food unit preparer, full service uses shall comply with the following standards:

(1)

Zoning permit required. Prior to operating on property within the town, the owner or operator of an operation classified as a mobile food unit preparer, full service by the Town of Herndon shall apply for and obtain a mobile food unit preparer, full service zoning permit. No mobile food unit preparer, full service zoning permit application shall be considered unless the following documents are provided:

a.

A copy of the mobile food unit and purveyor's current full service mobile food unit Fairfax County Health Department permit.

b.

A letter signed and notarized by the owner of record or the owner's agent, of the property on which the, mobile food unit preparer, full service apparatus proposes to operate, stating:

1.

The proposed time and duration of the operation including days of the week and hours within the day.

2.

The number of parking spaces on site and the percentage of parking spaces being used and occupied by the mobile food unit(s) present on site at any one time.

3.

The location of the parking spaces to be used on the site through written description or drawing.

4.

If a loading space(s) is to be used, the letter shall state that no deliveries shall be made to the businesses served by that loading space during the period of time when the mobile food unit is present and a statement that no delivery will be accepted if it arrives while the mobile food unit is present.

5.

If the letter required is signed by the owner's agent, applicant must produce written evidence of the agent's authority.

(2)

Additional requirements. No mobile food unit preparer, full service zoning permit shall be issued unless the following requirements and conditions are met:

a.

No single mobile food unit entity shall be present on site for more than 21 hours during the week, consisting of a seven-day period extending from Sunday a.m. through the following Saturday.

b.

No more than five percent of the parking spaces may be occupied by mobile food unit operations, up to a maximum of five parking spaces on any property.

c.

The mobile food unit or owner of the property shall provide a recycling receptacle as well as a separate litter receptacle.

d.

Trash and recycling shall be disposed of using the property owner's usual trash and recycling containers and removal service.

e.

Grease shall be disposed of using the property owner's usual grease container and removal service. If the property does not have grease containment and removal, the mobile food unit shall remove the grease from the property to be disposed of legally elsewhere.

f.

Styrofoam (foam polystyrene) cups, containers and plates shall not be permitted.

g.

The mobile food unit must fit in the parking space and not extend into the drive aisle.

h.

The mobile food unit must be equipped with a three-compartment sink and hand sink.

i.

The applicant shall pay the annual mobile food unit preparer, full service zoning permit fee for each vehicle.

j.

The mobile food unit shall only be present on site when the primary use on site is open for business.

(3)

Business license required. Prior to operation within the town the owner/operator of the mobile food unit shall obtain a Town of Herndon business license.

(4)

Zoning permit validity. A mobile food unit preparer, full service zoning permit is valid for one year from the date of issuance.

(5)

Permits to be displayed. The mobile food unit preparer, full service zoning permit and a valid Town of Herndon business license must be displayed in public view while the mobile food unit is in operation in the Town of Herndon.

(u)

Short-term rentals. Short-term rentals are permitted as an accessory use to a dwelling unit, as defined in section 78-180, provided the following conditions are met:

(1)

Zoning permit required. Prior to operating within the town, the operator of a short-term rental shall apply for and obtain a short-term rental zoning permit. No short-term rental zoning permit shall be considered unless the following documents are provided:

a.

A completed short-term rental zoning permit application provided by the town and submitted to the zoning administrator along with a filing fee of $200.00.

b.

Two forms of identification with address displayed to establish primary residency at the location of the proposed short-term rental. Acceptable forms include a government-issued ID, mortgage or lease document, or other forms deemed acceptable by the zoning administrator.

c.

Written authorization from the property owner if the primary resident is not the property owner.

d.

A site plan indicating the number and location of off-street parking spaces.

e.

Proof of notification to the homeowners association or condo association of intention to operate a short-term rental, if applicable.

f.

A short-term rental permit shall be good for a period of two years from the date of issuance.

(2)

Residency. Any operator of a short-term rental must be the primary resident of the property. For the purposes of this section, primary resident shall mean an individual who has occupied the dwelling unit for seven of the previous 12 months.

(3)

Occupancy. The maximum occupancy during any rental period shall not exceed six adults, including all permanent residents, except where the Virginia Uniform Statewide Building Code allows fewer occupants.

(4)

Entertainment. Events and activities including, but not limited to, luncheons, banquets, parties, amplified or acoustic concerts, weddings, meetings, fund raising, commercial or advertising activities to include filming, and any other gathering of persons other than the authorized renters, whether for direct or indirect compensation, are prohibited in association with any short-term rental. This language must be included in the advertisement for the rental of the property.

(5)

Parking. Parking must be located on-site or in spaces reserved exclusively for the use of the operator of the short-term rental property.

a.

For any single-family detached residence, a minimum of two parking spaces are required and no more than two nonresident vehicles are permitted on-site during a rental period.

b.

For any townhouse or condo, a minimum of one parking space is required and no more than one nonresident vehicle is permitted on-site during a rental period.

(6)

Contracts. The operator of any short-term rental is prohibited from entering into more than one contract for any given night.

a.

Contract must include entertainment restrictions as described in section 78-80.4(U)(4).

b.

Contract must include parking restrictions as described in section 78-80.4(U)(5).

(7)

Recreational vehicles. Any recreational vehicle located on the lot is prohibited from being used for a short-term rental.

(8)

Accessory dwelling units. Short-term rentals shall be prohibited within an accessory dwelling unit.

(9)

Limitation on nights. The operator is limited to a maximum of 90 rental nights per year where the unit may be rented without the operator present. There is no limit on nights when the operator is present during a short-term rental.

(10)

Safety. Each short-term rental must have the following:

a.

A working multipurpose fire extinguisher.

b.

Interconnected smoke detectors.

c.

Carbon monoxide detector if any gas appliances or fireplaces are present.

d.

A direct means of egress outside of the structure from any sleeping room available for short-term rental.

(11)

Noncompliance. If the owner conducting the short-term rental violates, or if the short-term rental becomes by conduct inconsistent with any provision of this article or other ordinance, law or regulation governing use of the dwelling for a short-term rental, the zoning administrator may take action pursuant to article XVII, enforcement violations and remedies, including revoking the short-term rental zoning permit.

(12)

Registry. Failure to register or renew on the short-term rental registry pursuant to the Herndon Town Code (2000), shall be deemed a reason for revocation.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-43, § 1, 12-10-2019; Ord. No. 20-O-01, § 1, 1-14-2020; Ord. No. 20-O-61, § 1, 11-17-2020; Ord. No. 21-O-22, 11-16-2021)

(a)

Home-based businesses, standards for all business. It is the intent of the town council to allow home-based businesses to foster economic activity; to create wealth, prosperity, and happiness for the town's citizens; to support the high technology and information services industry; and to accommodate changes in business and domestic practices of the town's citizens. Equally important, and with these regulations, the town council intends to preserve the sanctity, tranquility, value, appearance, and ambience of the town's residential neighborhoods and residential units, and prevent, eliminate, or discontinue home-based businesses that negatively impact residents living near, around, or next to the site of the home-based business. A home-based business is allowed as an accessory use in any dwelling unit in any zoning district, if it complies with the following standards:

(1)

Zoning permit required. No home-based business shall be instituted or maintained until a zoning inspection permit is approved pursuant to section 78-155.7, zoning inspection permit.

(2)

Prohibited businesses. A home-based business may consist of any lawful business except a business that involves:

a.

The on-site storage or presence of explosives; hazardous materials, hazardous substances, or hazardous waste; toxic substances; firearms; or any substance or activity that is determined to constitute a threat to the public health or safety of the town, using the intent and standards of this section. (Nothing in this section shall affect or purport to regulate any power of any person given by general law of this commonwealth to purchase, possess, transfer, own, carry or transport firearms, ammunition, or components of a combination thereof);

b.

The on-site provision of any service to clients or customers other than by appointment;

c.

The on-site sale of any goods, services, items, or property other than by appointment;

d.

An on-site restaurant, carry-out service, or any business involving preparation of food, except for on-site preparation of food in a single-family detached or attached dwellings when the business transports the food to an off-site location for sale;

e.

On-site servicing, repair or painting of motor or other vehicles, or any motorized equipment excluding small household appliances and personal computers;

f.

An animal hospital, kennel, or any other business involving the on-site care or feeding of animals;

g.

A boarding house or inn, or the like;

h.

A mortuary or funeral home, or the like;

i.

A delivery service by which goods or other property to be delivered are stored or brought on-site, excluding a business that involves the purchase, processing, and then delivery of goods or other property in a manner consistent with this section;

j.

A welding or machine shop or a pipe fitting operation, or the like;

k.

Rental of on-site equipment, on-site goods, or on-site property, or the like;

l.

Rental, use, dispatch, sale, or lease of a hearse, ambulance, wrecker or tow truck, taxi or limousine, only when such vehicle is brought to the site or to the vicinity of the site of the home-based business, with the exception that an individual may operate a taxi, or a standard passenger vehicle for hire as a home-based business, provided that only one such taxi or standard passenger vehicle may be present at or in the vicinity of the subject dwelling unit;

m.

A nursing home or the like;

n.

A small-scale alcohol production facility or

o.

Similar uses.

(3)

Area limitation. A home-based business shall occupy no more than 33 percent of the floor area of the principal dwelling, up to a total maximum floor area of 1,000 square feet on any one property inclusive of floor area used in accessory structures. No home-based business conducted in an accessory building shall exceed 400 square feet, which area shall be included in the maximum square footage allowed in this section.

(4)

Conduct of business. The home-based business must be conducted by an occupant of the dwelling that houses the business.

(5)

Business not to be in detached accessory structure. Accessory structures shall not be used for home-based businesses unless expressly included in the application for the zoning inspection permit.

(6)

Enclosed building required. The home-based business including storage of equipment, goods, supplies, and property shall be conducted entirely within an enclosed building.

(7)

Parking. Parking of commercial vehicles associated with the home-based business shall comply with the standards of section 78-100.9(b)(5), limitations on parking in residential districts.

(8)

Delivery limitations. The total number of arrivals for the purpose of making deliveries to or shipments from the home-based business shall not exceed four per day for dwelling units located on public streets and three per day for dwelling units located on private streets. Deliveries shall occur between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. This section shall not apply to deliveries unrelated to the home-based business.

(9)

Impacts outside property boundaries. The home-based business shall not cause or create noise; vibration; smoke; radiation; dust; odor; heat; glare; visible or audible interference in radio or television receivers; or fluctuations in line voltage that is perceptible across the property line or unit limits of the dwelling unit that serves as the site of the home-based business.

(10)

Solid waste. The home-based business shall not cause an increase over normal residential use in the volume of solid waste disposal or frequency of refuse collection at the dwelling unit that is the site of the home-based business.

(11)

Limit on nonresident employees and visitors (other than childcare and daycare). Between the hours of 8:00 a.m. and 9:00 p.m., the number of nonresident employees and visitors, other than delivery persons allowed by paragraph (8) above, shall be limited at any one time to the following:

a.

Up to two nonresident employees or associates of the home-based business;

b.

Up to three customers or clients are allowed at the site for no more than two consecutive hours per day.

c.

No more than four arrivals of nonresident persons who are employees, clients, customers, or associates of the home-based business shall occur during any 24-hour period.

(12)

Inspection upon reasonable notice. The part of the dwelling unit used for the home-based business shall be open for inspection by representatives of the town upon reasonable notice by the town to the occupants of the dwelling unit.

(13)

Incidental and secondary to residential use. A home-based business use may be conducted within a dwelling unit only so long as the home-based business use remains incidental and secondary to the use of the dwelling unit as a place of residence.

(b)

Home-based business, childcare or daycare—Additional standards. In addition to the standards of section 78-80.5, a home-based childcare or daycare shall be subject to the following additional standards.

(1)

Limit on number of children by unit type. The number of children permitted in a home-based childcare or daycare business shall be limited as follows:

a.

Single-family detached dwelling: No more than seven children per day enrolled in the home-based childcare center or daycare center in a single-family detached dwelling shall be on the site, in addition to any children living in the home.

b.

Townhouse, rental residential townhouse, two-family dwelling: No more than five children per day enrolled in the home-based childcare center or daycare center in a townhouse dwelling, rental townhouse residential development dwelling, or two-family dwelling shall be on the site, in addition to any children living in the home.

c.

Multi-family or quadraplex dwelling. No more than five children per day enrolled in the home-based childcare center or daycare center in a multi-family dwelling or quadraplex dwelling shall be on site, in addition to any children living in the home.

(2)

Limit on nonresident employees and visitors. Between the hours of 6:00 a.m. and 9:00 p.m. the number of nonresident employees and customers, other than delivery persons allowed by section 78-80.5(a)(8), shall be limited at any one time to the following:

a.

One nonresident employee or associate of the home-based business;

b.

Up to seven customers or clients are allowed at the site per day for a single-family detached dwelling; up to five customers or clients are allowed at the site per day for a townhouse dwelling, rental townhouse residential development dwelling or two-family dwelling; or up to five customers or clients are allowed at the site per day for a multi-family dwelling or quadraplex dwelling.

c.

No more than 15 arrivals of nonresident persons who are employees, clients, customers, or associates of the home-based business shall occur during any 24-hour period for a single-family detached dwelling. No more than 11 arrivals of nonresident persons who are employees, clients, customers, or associates of the home-based business shall occur during any 24-hour period for a townhouse dwelling, rental townhouse residential development dwelling, or a two-family dwelling. No more than 11 arrivals of nonresident persons who are employees, clients, customers, or associates of the home-based business shall occur during any 24-hour period for a multi-family dwelling or quadraplex dwelling.

(3)

Play area. A home-based childcare or daycare business shall provide a play area that meets the following provisions:

a.

Seventy-five square feet of outdoor play area must be provided on-site per child enrolled in the childcare or daycare business.

b.

Outdoor play area must be enclosed by a fence with a minimum height of four feet unless applicant can demonstrate that the area provides adequate protection from traffic, neighboring yards or other hazards.

c.

Outdoor play area must be shown on a plat to scale submitted at the time of application for the permit.

d.

The requirement for an on-site outdoor play area may be waived when the applicant can demonstrate the home care service is located within 1,000 feet of an existing suitable play area, such as a park or play lot. The play area must be public or owned by the homeowners' association to which the residence belongs.

(c)

Special exception for home-based business. The town council may approve by special exception a business conducted in a residential unit or in an accessory building or both when the use would not be consistent with the standards set forth in this section. The town council may impose conditions to assure that the business shall as nearly as practicable conform to the purposes of this section. Any such business use approved by a special exception shall be deemed a home-based business under this section, which shall apply to such home-based business with necessary changes. In addition, any special exception for a home-based childcare or daycare center shall be limited as follows:

a.

The town council may not ordain that a special exception for a home based childcare center or daycare center shall run with the land.

b.

No more than 12 children per day enrolled in any home-based childcare center or daycare center shall be on the site excluding any children living in the home.

(d)

Special enforcement provisions for home-based businesses. The standards for home-based businesses shall be enforced as follows:

(1)

Determinations regarding home-based businesses. The zoning administrator shall determine if a home-based business is not, or is no longer, incidental and secondary to the use of the dwelling unit as a place of residence if and when town officers, town employees, or nearby residents may hear, see, smell, or detect the existence of the home-based business use, to the degree it alters the residential character of the zoning district in which the home-based business is located. In making this determination, the zoning administrator shall rely on the intent sections of the respective zoning district regulations, the intent section of this section, and any public affidavits filed by residents.

(2)

Growth or change in the home-based business. It shall be the responsibility of the applicant to report changes needed to the terms of the original approval for the home-based business, and to seek approval for the changes. If the zoning administrator determines that due to growth or change in the home-based business, or new information about the business, it no longer complies with the standards of this section, the zoning administrator may take action pursuant to Article XVII, Enforcement, Violations and Remedies, including revoking the applicable zoning inspection permit, if 30 days' written notice is provided the permittee or owner of the home-based business and the permittee or owner is given an opportunity to respond to the allegations of why the permit should be revoked at a hearing before the zoning administrator. Subsequently, upon revocation of a zoning inspection permit for a home-based business, the permittee or owner shall cease the home-based business within ten days after notice of revocation is delivered.

(3)

Noncompliance. If the person conducting the home-based business violates, or if the home-based business becomes in such conduct inconsistent with any provision of this article or other ordinance, law or regulation governing use of the dwelling for a home-based business, the zoning administrator may revoke the zoning inspection permit using the procedures set forth in paragraph b. above.

(4)

Equitable enforcement intended. The town council intends and directs the town manager to enforce this section vigorously in residential communities benefited by community associations as well as in communities not so benefited.

(5)

Legal proceedings. The town council approves the town attorney's institution and prosecution of legal proceedings deemed necessary or proper by the town attorney to protect the town's interest in the enforcement of this article and related provisions of this chapter. Within seven days after filing of such a legal proceeding, the town attorney shall confidentially inform the mayor and town council of the institution and basis of the legal proceeding. Failure to comply with this section shall not affect the validity of any legal proceeding. This approval shall not be exclusive. The town council may separately act on approval of any legal proceeding.

(6)

Business license. The director of finance shall refuse to issue a business license to any person conducting a home-based business which the zoning administrator certifies is in violation of this section. If the zoning administrator later certifies to the director of finance that the home-based business has been brought into compliance with this section, the director of finance may issue a business license upon payment to the town of all business license taxes, penalties, and interest due for the period in which the business was in operation.

(7)

No vested rights accrue. No vested rights shall accrue to any person operating a home-based business that is approved because it will begin operation in conformance with the standards and requirements of this chapter, but through growth, change, or other action becomes noncompliant with this section and this chapter.

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