The following uses are specifically regulated as set forth herein:

For the general purpose of promoting the health, safety or general welfare of the public, the use, designated use, or intended use of land is hereby regulated in each zone and district.

The Zoning Administrator must determine whether a use is part of an existing use type as defined in Article 9, Definitions. If the Zoning Administrator determines that the use is not similar to any listed use type, that use is prohibited.

The following use tables include all uses that are permitted or conditionally permitted by zone and district. See Article 2 for descriptions of zones and districts.

Keys to Use Table:

1.

Permitted use: "P" in a table cell indicates that a use is permitted in the respective district or zone subject to any specific use standards in this Article 3, as indicated, and the zoning permit requirements of Article 8. Such uses are also subject to all other applicable requirements of this Chapter.

2.

Conditional use: "C" in a table cell indicates that a use may be permitted in the respective district or zone only where approved by the Board of Zoning Appeals in accordance with § 18-824. Conditional uses are subject to all other applicable requirements of this chapter, including the specific use standards contained in this Article 3.

3.

Prohibited use: "-" in a table cell indicates that the use in that row is prohibited in in the respective district or zone.

4.

Specific use standards: The "Specific Use Standards" column on the table is a cross-reference to any specific use standard listed in this Article 3. Where no cross-reference is shown, no additional use standard shall apply, though all other applicable requirements of this chapter shall apply.

5.

Use types: The "Use Types" column on the table lists specific uses allowed in the respective districts and zones.

(Ord. of 2-24-2025)

(Ord. of 2-24-2025)

(Ord. of 11-22-2024; Ord. of 2-24-2025)

1.

No ALU may operate in the Town of Vienna unless the property owner has first been issued a permit by the Department of Planning and Zoning, in conformance with all provisions of this chapter.

2.

The property owner must reside in either the principal residence or the accessory living unit.

3.

An ALU may not be established as a separate property than that of the principal residence.

4.

The maximum size of an ALU is 800 square feet or 40% of the floor area of the principal residence, whichever provides a lesser amount of floor area. An amount greater than 800 square feet may be approved by the Board of Zoning Appeals as a conditional use, in accordance with Section 18-824; but under no circumstance may the ALU cover more than 1,000 square feet or 40% of the floor area, whichever provides a lesser amount of floor area.

5.

No ALU shall contain more than two bedrooms.

6.

An ALU must have areas for living, sleeping, eating, preparing food, and sanitation (i.e., bathroom). Such areas may be established as distinct from those of the principal residence.

7.

An ALU may not be issued a permit, nor operate, if a Family Day Home is permitted at the property.

8.

An ALU may be located only within or sharing at least one wall with the principal structure, including a second story above an attached garage, and is subject to all development standards. A floor plan showing the location and dimensions of the proposed ALU in relation to the principal structure must be submitted prior to occupancy.

9.

Any new external entrance proposed for an ALU must be located on the side or rear of the dwelling.

10.

Any ALU must meet the applicable regulations for zoning, building, safety, health, and sanitation.

A.

For properties converting an existing structure into an ALU, inspections are required prior to occupancy. Inspections shall include verifying the structure complies with building codes, electrical, plumbing, fire safety, and other relevant requirements.

B.

For properties incorporating an ALU into new construction, inspections will be conducted as part of the regular building inspections prior to occupancy.

11.

An ALU must receive a Certificate of Occupancy before it may be established and occupied as a residence. Owner must submit an Owner-Occupancy Affidavit as part of the application for occupancy, including name of property owner, address of property, a statement that owner will reside in one of the units as their primary residence, and acknowledgement of penalties for providing false information or non-compliance.

12.

Property owners are required to submit a Residency Compliance Form to the Zoning Administrator every two years to affirm compliance.

13.

Upon transferring ownership of the property, the new owner shall submit a new Owner-Occupancy Affidavit to the Zoning Administrator within 30 days of acquiring the property. The affidavit must include whether the ALU will continue to be used in compliance with the conditions of the previous approval or whether it will not be used. Failure to submit the affidavit will render the ALU permit null and void. An ALU may not be used as a short-term rental unit. As such, no occupancy agreement, whether through a formal lease or an informal agreement, is permitted for a period of fewer than 30 days.

14.

The Zoning Administrator or their authorized agent shall have the right to inspect any property with an approved Accessory Living Unit (ALU) or refer concerns as appropriate to Fairfax County, as part of the bi-annual renewal process or as necessary to verify compliance with the ALU regulations.

A.

The Zoning Administrator or their agent shall provide the property owner with a minimum of 7 days written notice prior to any routine or bi-annual inspection.

B.

In cases where the Town has reason to believe a violation is occurring, the notice period may be reduced to 48 hours.

C.

The property owner shall make provisions to allow inspections of both the principal residence and the accessory unit during reasonable hours (e.g., between 8:00 a.m. and 5:00 p.m.) upon prior notice.

D.

For properties converting an existing structure into an ALU, inspections are required prior to occupancy. Inspections shall include verifying the structure complies with building codes, electrical, plumbing, fire safety, and other relevant requirements.

E.

For properties incorporating an ALU into new construction, inspections will be conducted as part of the regular building inspections prior to occupancy.

(Ord. of 11-22-2024)

1.

In addition to the standards for conditional use permit contained in § 18-824, the Board of Zoning Appeals shall be prohibited from issuing the said use permit if:

A.

The location abuts a residentially zoned or residentially used property;

B.

The use is located closer than 1,000 feet to the property of any church, school, or child care center; and

C.

No two adult businesses may be located closer than 1,000 feet to each other.

2.

Nothing contained herein shall be construed in any way to limit the application of any state statute relating to obscenity or relating to distribution of materials to juveniles.

3.

Wide-angle mirrors and/or video systems must be used to provide the manager or operator of the adult business with continuous monitoring of all areas of the establishment.

An adult day support center may not operate until a license has been granted by the appropriate Commonwealth of Virginia agency.

1.

Enclosed agriculture shall not include the keeping of any animals, insects, or bees.

2.

This use shall not result in the emission of any sounds, odors, or smoke beyond the property line in excess of what is permitted under a normal commercial use.

1.

Exercise runs or pens must be located in the interior of the building.

2.

All work rooms, cages, pens, or similar areas where services are provided to animals must be located within a completely enclosed building, and sufficiently soundproofed, maintained, and operated such that no plainly audible noise or plainly noticeable odor can be detected off the premises.

3.

Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, deceased animals and debris.

4.

Disposal facilities shall be provided and operated so as to minimize vermin infestation, odors and disease hazards.

5.

The site plan shall show fencing and building material soundproofing designed to mitigate the noise impact of the proposed use on the surrounding properties.

6.

When this uses is approved as a conditional use, the Board of Zoning Appeals may impose additional requirements pertaining to the location of buildings or other structures, entrances and exits; buffers, fencing, soundproofing, odor control, waste storage and removal (including frequency), the number of animals; or other requirements, as the Board deems necessary to protect adjacent or nearby property.

No more than eight rooms within the principal structure may be used for lodging.

1.

Any carwash must comply with drive-through standards in § 18-323.

2.

All washing activity must occur within an enclosed building.

3.

Equipment for vacuuming vehicle interiors must:

A.

Be screened from view from the right-of-way and from all abutting properties;

B.

Be located a minimum of ten (10) feet from all abutting properties.

Prior to issuance of certificate of occupancy, the business owner must provide a parking plan for delivery vehicle and mobile food units stored on site.

1.

In addition to the standards set forth herein, all child care centers shall adhere to all applicable standards promulgated by the Virginia State Board of Social Services.

2.

A parking and stacking diagram must be submitted to the Town showing that the operations will not impact neighboring businesses. Parking areas and vehicular circulation for the child care center must be designed to enhance the safety of children as they arrive at and leave the facility. The center must provide a designated pickup and delivery area located adjacent to the child care center in such a way that children do not have to cross vehicular travel ways to enter or exit the center.

3.

Privacy screening at least six feet tall shall be provided along play areas abutting a residential lot or use. Such screening must include a fence and a vegetative buffer. These requirements shall not be construed to permit or require fences or walls, that may be prohibited or required by other sections of this chapter.

Any banquet or event facilities utilized by an organization must meet the standards of an event facility, including parking requirements.

1.

May not include residential, athletic, or large-scale assembly-type facilities.

2.

Except when located in the Mill District, the school must not include activities which typically generate significant noise or fumes, such as auto body or engine repair, industrial painting, auto body painting, or manufacturing and production.

Parking spaces may be rented for parking; however, the repair, servicing, washing, or display of vehicles is not allowed.

1.

Community garden accessory buildings must be limited to storage buildings for tools and greenhouses.

2.

Areas used for communal composting must be located a minimum of fifty (50) feet from the perimeter of the site and must not exceed ten percent of the area of the parcel or one hundred (100) square feet, whichever is smaller.

3.

The owner of the community garden must designate an operator, who must establish operating rules for the garden, including hours of operation, assignment of garden plots, and maintenance and security requirements and responsibilities.

1.

A building may be used as a temporary office, security shelter, or shelter for the materials or tools necessary for construction on or development of the premises upon which the temporary construction office is located on or near to.

2.

Such use shall be strictly limited to the time construction or development is actively underway.

3.

This use is only permitted in conjunction with an approved site plan and/or building permit.

Parking spaces on site may be designated as curbside pick-up for patrons of that business who are actively picking up retail goods, food, beverage, etc., ordered by telephone or through the Internet, provided the following:

1.

The space may be marked as "Curbside Pickup" with signage that shall not exceed one and one-half (1.5) square feet in area per § 18-539.5.

2.

No more than three (3) spaces may be designated per business.

3.

The space(s) shall not be located within twenty (20) feet of any ingress/egress to the property.

4.

The space(s) may not impede the flow of traffic within the facility or create an unsafe environment for pedestrians.

5.

The location and functionality of the space(s) are not inconsistent with the approved site plan for the overall development.

(Ord. of 2-24-2025)

Dancing and live entertainment areas may be allowed accessory to restaurants or food service, provided the dancing area, together with any live entertainment area, does not exceed twenty-five (25) percent of the gross floor area of the restaurant.

1.

A drive-through facility shall be designed as complementary to the principal building it serves.

2.

Drive-through features shall not have any pick-up windows, ordering areas, signage, or other related items located on the front elevation of a building or located between the front building wall and street right-of-way.

3.

Where a structure served by a drive-through facility is located on a corner lot, the orientation of the drive-through facility and the principal structure shall be located such that the drive-through facility is not located between the principal structure and the intersection of the main thoroughfare.

4.

Vehicles shall not be permitted to wait or stack within any public right-of-way for service at any drive-through.

5.

See Article 5A, § 18-532 for stacking standards.

6.

A drive-through lane shall be a minimum of eleven (11) feet wide.

7.

A drive-through may have more than one window for ordering, paying and pickup; provided, however, there shall not be more than one drive-through lane on a property.

8.

The signage provided by the restaurant in the drive aisle for patrons to view the menu of options shall not be more than twenty-four (24) square feet in total area and shall not emit any sound, noise, or music other than an order speaker of reasonable noise levels. All advertisements related to drive-through services shall be located on the order board.

9.

Drive-through facilities adjacent to residentially zoned properties shall meet the following applicable criteria:

A.

A drive-through facility operating later than 10:00 p.m. shall not have any portion of its operation (including, but not limited to, the stacking lane, menu boards or speaker boxes) located closer than 75 feet from any residentially-zoned property.

B.

No speaker box or other audio mechanism, regardless of operating hours, shall be located closer than thirty-five (35) feet from any residentially zoned property.

10.

Application submittals for this use must include the following:

A.

A written statement describing the proposed use and providing all information pertinent to the review of the application. Such information shall include, but not be limited to:

i.

Type of product or service to be offered;

ii.

Proposed hours of operation and employee staffing;

iii.

Plans for the control of litter and the disposal and recycling of waste material;

iv.

Effects on air quality at the site and in adjacent areas; and

v.

Estimates of sound levels that would be generated by the proposed use at site boundary lines.

B.

A traffic analysis providing information that includes, but is not limited to:

i.

Estimates of the number of vehicle trips and the amount of vehicular stacking that would occur daily and during a.m./p.m. peak hours;

ii.

Trip generation by use type;

iii.

Estimated internal and external traffic flows;

iv.

Parking and vehicular stacking spaces that would be provided on-site;

v.

Data on existing traffic conditions and the traffic-handling capacity of roads fronted by the proposed use;

vi.

Sight distances at points of ingress and egress;

vii.

Pedestrian and bicycle traffic; and

viii.

Any other site-specific traffic factors or public safety issues associated with the application.

11.

Applications for drive-through facilities will be evaluated on the basis of the following criteria, with emphasis given to potential adverse effects on adjoining or nearby properties:

A.

Location and arrangement of any drive-through window in relation to adjoining properties and public rights-of-way.

B.

Appropriateness of proposed hours of operation.

C.

Traffic circulation patterns, including safe ingress and egress, and a clear designation of drive-through aisles through the use of paving materials, pavement markings or landscaping.

D.

Pedestrian circulation and safety.

E.

Adequacy of screening of vehicle use and parking areas.

F.

Noise impact associated with, but not limited to, exterior speakers and motor vehicles.

G.

Compliance with Federal, Commonwealth, and local pollution standards.

H.

Other factors, as deemed appropriate, that affect the health, safety, and general welfare of the community.

1.

A family day care home may provide care for up to twelve (12) children, subject to the following requirements:

A.

Family day care homes shall obtain a state license, if required. State licenses are required for such homes providing care for five (5) to twelve (12) children.

B.

When calculating the total number of children cared for, resident children shall be excluded.

C.

The facility shall be the principal residence of the operator(s) of the family day care home.

D.

The facility shall comply with any and all requirements of State and Town Codes, including Title 63.2, Ch. 17, Code of Virginia.

E.

One nonresident person, whether paid or not for their services, may be involved in the home day care use on the property at any one time. The hours of the nonresident person's involvement are limited to 7:00 a.m. to 6:00 p.m., Monday through Friday.

F.

There must be no exterior evidence that the property is used in any way other than as a dwelling, except that play equipment and other accessory uses and structures.

2.

Adequate space shall be provided for drop-off and pickup of children in a manner that does not interfere with traffic circulation in the neighborhood. Drop-offs and pick-ups shall be staggered as necessary to address potential traffic issues on the neighborhood streets. The Board of Zoning Appeals may require the provision of additional off-street parking spaces based on the maximum number of vehicles expected to be on-site at any one time.

3.

The Board of Zoning Appeals may require the provision of landscaping and screening based on the specifics of each application.

4.

A change in any of the following will require an amendment to prior approval:

A.

Increase in the number of children cared for by the operators of the business;

B.

Involvement of more than one nonresident person; or

C.

Major changes to the site including the reduction of available parking.

1.

The Town Council is authorized to permit one private farmers' market or marketplace in the Town each year from May 1 to October 31, inclusive, at a location authorized by approved by the Town Council or other public property and only for the sale of vegetables, fruits, agricultural and farm products of a perishable nature grown or produced by the vendors thereof and not purchased by the vendors for sale.

2.

Conduct of such markets or marketplaces shall be in compliance with all applicable federal, state and local laws, including but not limited to § 8-31.

3.

The hours of activity shall be limited to 7:30 a.m. until 1:30 p.m.

1.

Two (2) yard sales are permitted on each single-unit lot per calendar year.

2.

Garage or yard sales shall be limited to no more than the daylight hours of two (2) consecutive days or two (2) consecutive weekends (Saturday and Sunday).

1.

The following uses are not permitted as home-based businesses:

A.

Vehicle service and repair;

B.

Plant nurseries and greenhouses;

C.

Manufacturing, heavy, which relates to the handling, processing, packing, or serving of food directly or indirectly to the public;

D.

Medical or dental laboratory;

E.

Restaurant or food services;

F.

Bulk storage of flammable liquids;

G.

Funeral homes;

H.

Boardinghouses;

I.

Massage therapist or massage therapy establishments; and

J.

Boarding establishments, kennels, breeding of animals, and animal care facilities.

2.

All home-based businesses shall comply with the following requirements:

A.

Shall be operated entirely within the dwelling unit or accessory structure and only by the person maintaining a dwelling therein;

B.

Shall not cause any change in the outside appearance of the building or premises, or any other visible evidence of the conduct of a home-based business;

C.

Shall not utilize more than twenty-five (25) percent of the gross livable floor area of the dwelling, including the basement;

D.

Shall not employ any person other than a member of the immediate household residing on the premises;

E.

Shall not use any equipment other than that normally used for domestic, hobby, and household or small office purposes in a dwelling;

F.

Shall not involve the emission of any sounds, odors, or smoke beyond the property line in excess of normal single unit dwelling use;

G.

Shall not include any service involving the presence of more than one customer or client on the premises at a time and must be by appointment basis only;

H.

Shall not constitute a nuisance because of impacts on sidewalk or street traffic;

I.

Shall not adversely affect the use and development of adjoining properties in the immediate neighborhood;

J.

Shall not include the storage of hazardous materials; and

K.

Shall not include the display of products visible from the street.

3.

No person shall conduct a home-based business without obtaining the appropriate business, service or occupational license required by law. All home occupations shall comply with applicable state, federal, and local regulations.

1.

The keeping of companion animals is allowed as an accessory use on any lot if the animals are not kept for the purpose of commercial breeding, boarding, or any other activity meeting the definition of a boarding establishment, kennel, or animal shelter.

2.

Hutches, animal houses, coops, runs, cages, pens and other similar structures for the housing of domestic animals shall be located in the rear yard only; in no instance shall a structure, run or pen be located closer than ten (10) feet to any lot line.

1.

The keeping of domesticated fowl or poultry on an occupied single-unit residential lot shall be allowed, provided that:

A.

Fowl shall be provided with a clean, covered, well-ventilated enclosure that is secure from predators.

B.

Coops, runs, and other enclosures must be located in the rear yard and shall be set back ten (10) feet from all property lines.

C.

No person shall keep any roosters, gamecocks, or male peacocks.

D.

The slaughtering of fowl is prohibited.

E.

Sale of eggs must be compliant with State Code § 3.2-5305.

2.

Any person who keeps fowl under this section shall comply with all Town and Virginia laws, ordinances, and regulations regarding care, shelter, sanitation, health, noise, cruelty, neglect, reasonable control, and any other requirements pertaining to the adequate care and control of animals in the Town.

1.

The keeping of beehives on an occupied single-unit detached residential lot shall be allowed, provided that:

A.

Beehives will be located in the rear yard and not be located any closer than ten (10) feet from any side or rear lot line.

B.

A constant supply of fresh water shall be provided on the lot within twenty (20) feet of all hives. The water source shall be maintained so as not to become stagnant.

C.

Any hive openings within ten (10) feet of a property line must have a flyway barrier six (6) feet in height erected parallel to the property line between the hive opening the property line.

i.

The flyway barrier shall consist of a wall, solid fence, dense vegetation, or a combination thereof extending five (5) feet beyond the hive in each direction.

ii.

Initial planting of a flyway barrier of dense vegetation may be planted at four (4) feet in height provided the vegetation is expected to reach six (6) feet in height or higher.

iii.

Barriers shall be maintained in good condition so that all bees are encouraged to fly at an elevation of at least six (6) feet above ground level.

2.

Where a colony exhibits aggressive or swarming behavior, the beekeeper shall ensure that the colony is re-queened or removed. Aggressive behavior is any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs.

1.

It shall be unlawful for any person to operate or engage in the business of operating any massage salon, massage parlor, or massage therapy establishment within the Town without first having obtained a permit for the operation and a Town-issued license for each masseur, masseuse or massage therapist and complying with all the provisions of Chapter 22.

2.

It shall be unlawful for any person to provide massages or be employed as a massage therapist in the Town unless they have been issued a license as provided in Chapter 22.

1.

All such uses shall be designed to accommodate service vehicles with access to the building at a side or rear entrance.

2.

All off-street parking and loading areas shall be effectively screened from residential properties.

3.

No such use shall be operated without approval and, where appropriate, licensing by such agencies as the Virginia Department of Social Services, the Virginia Department of Health, and other such appropriate local, state and federal agencies which may have authority in a particular case.

1.

Any of the following approved uses under this section may, upon application and approval by the Town Manager, operate licensed temporary medical testing facilities during times of public health emergencies, as declared by local, state, or federal government agencies:

A.

Churches and other places of worship.

B.

Colleges and schools (private, elementary, middle, and high) of a noncommercial nature.

C.

Public buildings and uses.

2.

The Town Manager shall set conditions of the operation of temporary medical testing facilities, including (but not limited to) dates, hours of operation, and form of accepting appointments.

1.

Temporary residential sales offices and model homes may be located within a residential district as part of an ongoing residential development. Such offices and homes shall be removed or converted to a use permitted within the district when use as a sales office or a model home has ceased.

2.

Model homes for new subdivisions shall only be occupied for residential habitation after all business activities have ceased. Upon the completion of the sale, the home shall comply with all applicable residential parking standards.

Outdoor dining may be permitted on a roof garden of a principal building or at ground level tables directly adjoining a building, subject to the following provisions:

1.

General provisions:

A.

The property owner or property manager acting on behalf of a property owner must authorize any proposed outdoor dining located on their property.

B.

All structures, features, furnishings, and exterior modifications shall be subject to review by the Board of Architectural Review, except for restaurants located within buildings developed under § 18-236.

C.

All applications shall include to-scale plans showing the location of any outdoor dining furniture or structures.

D.

Permanent changes shall be subject to site plan control provisions under § 18-836.

E.

Outdoor dining furniture and equipment shall not block pedestrian access or interfere with ADA accessible routes to and from buildings and public facilities.

F.

Outdoor dining is subject to review by the building code official.

G.

Outdoor dining furniture and equipment shall not block fire entry or exits points, fire department connections (FDC), or any other required safety exits. Outdoor dining shall not be located in or block any designated fire lanes. Outdoor dining areas are subject to review by the Fairfax County Fire Marshal.

H.

Outdoor dining is not permitted within sixty (60) feet of properties which are both residentially zoned and utilized. Outdoor dining located between sixty (60) to seventy-five (75) feet of a residentially zoned property utilized for residential uses must meet the following criteria:

i.

May not serve alcohol outside.

ii.

May not have servers outside.

iii.

May have no more than eight seats.

iv.

Hours of operation ending at 7:00 p.m.

I.

All restaurants must adhere to the Town's noise ordinances set forth in § 10-20.1 and § 10-44 of the Town Code.

J.

Amplified sound, including music, is not permitted outdoors, except as otherwise permitted with a conditional use permit per § 18-824.

K.

Permits for permanent and seasonal outdoor dining may be revoked if it is found any conditions listed in this chapter are not adhered to.

2.

Permanent outdoor dining provisions:

A.

Outdoor dining with more than twelve (12) seats requires a conditional use permit and will be subject to § 18-824 of this chapter.

i.

In addition to criteria set forth under § 18-824, adverse impacts to surrounding properties including, but not limited to, noise and lighting shall be considered by the Board of Zoning Appeals when reviewing an application for a conditional use permit.

ii.

Hours of operation for outdoor dining shall be considered by the Board of Zoning Appeals when reviewing an application for a conditional use permit.

B.

Any permanent outdoor dining seats shall count towards the parking requirement for restaurants, subject to Article 5 of this chapter.

C.

Permanent outdoor dining shall be located on a permanent surface, such as a private sidewalk, deck or patio.

D.

Permanent outdoor dining shall include adequate protection from vehicles.

3.

Seasonal outdoor dining provisions:

A.

Seasonal outdoor dining may be permitted in off-street parking spaces from April 1 to October 31. Otherwise § 18-525 shall apply.

B.

Seasonal outdoor dining areas may only be active on:

i.

Sundays from 10:00 a.m. to 9:00 p.m.,

ii.

Monday through Thursday from 9:00 a.m. to 9:00 p.m.,

iii.

Fridays from 9:00 a.m. to 9:30 p.m., and

iv.

Saturdays from 10:00 a.m. to 9:30 p.m.

C.

Seasonal outdoor dining requires the issuance of a permit, which is to be reviewed and issued annually by the Zoning Administrator. The permit may be revoked if it is found any conditions listed in this chapter are not adhered to.

D.

Applicants will be required to provide written notice detailing seasonal outdoor dining plans to all business owners located within the same property/shopping center of the applicant's business. A permit may not be issued until thirty (30) days after abutting and adjacent business owners have been notified of the intention to apply for seasonal outdoor dining. A notarized affidavit shall be submitted with the application to verify that this notification requirement has been met.

E.

No more than twenty (20) percent of the required off-street parking spaces for a restaurant may be utilized for outdoor dining. If there are excess parking spaces above the minimum number of off-street parking spaces required per § 18-531, those spaces may also be utilized for outdoor dining.

F.

Seasonal outdoor dining shall be protected from vehicular traffic with rigid barriers.

G.

Total number of seats shall not exceed the number of parking spaces utilized for outdoor dining, multiplied by eight (8).

H.

Outdoor dining cannot interfere with the use of a refuse storage area or the use of a loading space.

I.

Only non-permanent structures, such as tents, are allowed to take up said parking spaces and parking spaces must be able to be easily converted back to be used for parking.

J.

Parking lot striping shall not be changed without site plan approval.

K.

ADA spaces shall not be used or moved for outdoor dining without site plan approval.

(Ord. of 2-24-2025)

1.

Regulations within this Chapter that govern outdoor storage and display shall apply in all districts and zones in which it is permitted.

2.

Outdoor display is the display of products actively available for sale. Outdoor displays are only permitted in conjunction with an established business on the same lot and must be brought indoors when the associated business is closed.

3.

Outdoor displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than ten (10) feet from the wall. Such displays shall not be permitted to block windows, entrances or exits, and shall not impair the ability of pedestrians to use sidewalks.

4.

Seasonal displays and decoration not advertising a product, service or entertainment, displayed for a period not exceeding forty-five (45) consecutive days, shall be exempt from these provisions.

1.

Raw materials, supplies and finished or semi-finished products may be stored in the open within the setback requirement for the area, if they are properly screened from streets and any abutting property by landscaping, fencing, or ornamental masonry walls.

2.

Fencing or ornamental masonry walls used for screening shall be solid and a maximum of six (6) feet in height or a minimum height equal to the material stored.

3.

Outdoor storage facilities shall not occupy more than five percent of the area of the lot.

4.

Fuel storage tanks utilized as part of the heating equipment of an establishment shall be located underground or in a building.

5.

Bulk storage of gasoline or petroleum products shall not be permitted except as incidental to a laboratory, a production operation, or the servicing of company-owned or leased vehicles, which shall then be subject to the fire regulations of the Town and of Fairfax County.

(Ord. of 2-24-2025)

Notwithstanding any contrary provisions of this chapter, portable storage containers located outside of a fully-enclosed building or structure shall be allowed subject to the following restrictions:

1.

No more than one portable storage container shall be allowed on a lot, and for no longer than a total of thirty (30) days in any consecutive twelve (12) month period; provided, however, that during a bona fide construction activity and a building permit on such lot, and for an additional period of twenty-four (24) hours before and after such construction, a portable storage container used in connection with such construction activity may remain for a period not exceeding a total of six (6) months in any twelve (12) month period;

2.

No portable storage container shall have dimensions greater than sixteen (16) feet in length or eight (8) feet in height; and

3.

Except where a building permit has been issued, all portable storage containers shall be located on private property and on a driveway or other paved surface.

(Ord. of 2-24-2025)

1.

All recyclable materials must be stored in a fully enclosed building, or in closed containers completely enclosed by an opaque wall or fence that complies with the dimensional standards for a principal building, such that neither the recyclable materials nor the containers in which they are stored are visible from any public right-of-way or adjacent lots.

2.

Containers shall be constructed and maintained with durable waterproof and rust-proof material and shall be covered at all times when not attended.

3.

Containers shall be clearly marked to identify the type of recyclable materials which may be deposited.

4.

Containers shall be clearly marked to identify the name and telephone number of the person or organization responsible for maintaining and collecting materials.

5.

Location of containers must be approved by the Fire Marshal and Building Code Official.

6.

Collection may occur only during hours of operation of the principal use.

7.

Collectors are required to handle all batteries and other hazardous materials in accordance with federal regulations.

1.

The regulations that relate to religious assembly uses address land use matters only and do not affect an individual's right to determine and exercise their religious beliefs.

2.

The use of land, buildings, and facilities associated with a religious assembly use may be used for other accessory purposes in furtherance of the mission of the religious assembly use. These additional uses, such as child day centers or private schools, require a conditional use permit if the requirement is specified in that district or zone.

3.

In non-residential districts or zones, any parsonage or rectory must be located in conjunction with, on the same lot as, and within the same structure as a religious assembly use.

A residence for manager or employee may be permitted as an accessory to a nonresidential principal use, provided that they are used exclusively by the owner, manager or operator of the use.

1.

The area may not impede the flow of traffic within the facility or create an unsafe environment for pedestrians.

2.

The area may be painted or striped to indicate that the area is designated for ride share use only.

3.

The area shall be maintained and kept clear of trash and other debris at all times.

4.

The area may not impede the flow of traffic within the facility or create an unsafe environment for pedestrians.

5.

The location and functionality of the area shall not be inconsistent with the approved site plan for the overall development.

(Ord. of 2-24-2025)

1.

Each shared kitchen user shall have a separate business license;

2.

A shared kitchen shall be used for the preparation of food for public consumption off site only; and

3.

The operators of a shared kitchen shall submit a parking plan, acceptable to the Zoning Administrator, that provides adequate on-site or off-site parking for the users of the shared kitchen during hours of operation.

1.

Shelters may exist only within non-residential facilities.

2.

Host location must have a valid conditional or special use permit.

3.

Operation must be registered through the Fairfax County Hypothermia Prevention Program.

4.

Operation is limited to two weeks per winter season, during the months of December through March.

5.

Maximum number of guests and volunteers permitted is determined by the Building Official and Fire Marshal.

6.

Hours of operation of the shelter are limited to 4:30 p.m. to 7:30 a.m.

1.

Specialized instruction classes or camps may operate only in non-residential facilities.

2.

Operators of specialized instruction classes or camps must ensure the safety of their students during their arrival and dismissal.

3.

Operators must use off-street spaces for student drop-off and pick-up.

4.

Drop-off and pick-up may not impede the flow of traffic within the parking area or in public right-of-way, or create an unsafe environment for pedestrians.

The keeping of horses and/or ponies primarily owned and kept for the personal use of the occupant on the land on which they are maintained on parcels of at least two acres in area, provided:

1.

All buildings and structures used in connection with the keeping of horses or ponies shall be located at least one hundred (100) feet from all of the property lines of the owner or keeper.

2.

All bulk feed and other supplies, equipment and materials used in connection with the keeping of horses or ponies shall be located in such buildings or structures located at least one hundred (100) feet from all of the property lines of the owner or keeper.

3.

Not more than one pony or horse per acre shall be kept and all such property on which such ponies or horses are kept shall be fenced in a manner which will prevent any or all of them from straying closer than ten feet from any property line of the owner or keeper.

1.

Supplies and materials may be stored outside provided all such outside storage is contained within and screened from the outside on all sides by an ornamental masonry wall not less than six (6) feet in height.

2.

A chain link or other acceptable open fence, not less than six (6) feet in height, may be substituted in part or in total for the opaque wall or fence when, in the judgment of the Zoning Administrator after consultation with the Director of Public Works, it is determined that:

A.

Due to topographic conditions, a solid fence would not screen the storage area from residential property at higher elevation, or other public view in general; or

B.

Solid screening from view at ground level is not a paramount consideration. An example would be when the only view is from the storage area of one property to an immediately adjacent storage area and there is no other view by the public.

A public use trailer or a public use manufactured home may be permitted to serve an interim need as part of a permitted public use subject to the following standards and procedures:

1.

The Town Council may approve, for a period of up to three (3) years, a public use trailer or temporary public use manufactured home upon finding that such installation complies with the applicable provisions of this chapter and is consistent with the conditions of any permit for the principal use issued pursuant to § 18-824.

2.

For an existing public use trailer permitted by the Council, upon a finding that the public health, safety and welfare of the Town will not be thereby impaired, Council may extend the time allowed for a public use trailer for additional periods of up to two (2) years each pursuant to § 18-839.

3.

All public use trailers must comply with all provisions of this chapter and be consistent with all conditions of any permit issued pursuant to § 18-824, unless such requirements are modified pursuant to § 18-839.

4.

Notwithstanding the provisions in subsections 1 through 3 of this section, the Town Manager may approve installation of a public use trailer or public use manufactured home in order to respond to exigent needs. Such approval shall be for an interim period, not to exceed one (1) school year, pending satisfaction of the requirements of this section.

Notwithstanding the prohibitions set forth in this section, the Town Council may authorize the temporary use of a trailer or mobile home as a dwelling for a period not to exceed six (6) months by residents of the Town where the Council is first satisfied that such temporary use is required during the reconstruction of a dwelling located in the Town, and that the dwelling formerly occupied by said residents has been destroyed or rendered uninhabitable by fire or other disaster not willfully caused by such residents. Any such authorization of the Council pursuant hereto may be revoked by the Council prior to expiration of the six (6) month period if revocation is deemed by the Council to be necessary in the public interest.

At least 75% of the ground floor occupiable space shall be used solely for nonresidential uses, which may not include nonresidential functions related to the upper story residential units. The remaining ground floor may be used for non-occupiable residential spaces such as entry lobbies and similar amenities for residents' use.

Standards when permitted as an accessory use:

1.

An electric vehicle charging space as an accessory use is permitted provided that the space does not interfere with vehicular, bicycle, or pedestrian circulation, including fire lanes and access to the site.

2.

When accessory to any residential development:

A.

Electric vehicle charging is allowed only for the residents and their guests; and

B.

Unless located in a parking structure, chargers are limited to Level 1 or Level 2 facilities as defined by the U.S. Department of Energy.

3.

When accessory to any nonresidential or mixed-use development:

A.

The space must be located in a parking structure or parking lot that serves a principal use; and

B.

The minimum height of the dispenser is three (3) feet.

4.

When located in a surface parking lot and not mounted on the exterior of the principal structure, or when located on the top level of a parking structure open to the sky:

A.

The maximum height of the dispenser and any associated transformer, switchgear, or other similar items is nine (9) feet;

B.

A canopy is not permitted in association with an electric vehicle charging space located in a surface parking lot unless it supports a solar collection system. Any canopy supporting a solar collection system must comply with height and setback requirements for a freestanding accessory structure herein and cannot include signage or illumination on the sides of the canopy;

C.

On the top level of a parking structure, a canopy may be allowed if it does not include signage or illumination on the sides of the canopy;

D.

Electric vehicle charging spaces and related equipment cabinets or structures must not be located in any required transitional screening yard. The location of plantings required for parking lot landscaping may be modified for electric vehicle charging spaces but the parking lot landscaping requirements must be in accordance with this Chapter; and

E.

Related equipment, including transformers, switchgear, and other similar items must be screened with a fence, wall, berm, evergreen landscaping, or any combination. Any landscaping used for screening purposes must be maintained.

5.

Each dispenser is permitted to have digital display area up to one and one-half (1.5) square feet in size. Digital display areas greater than one and one-half (1.5) square feet are regulated as signs herein.

6.

Accessory electric vehicle charging spaces must be in conformance with any zoning approvals.

7.

An electric vehicle charging station that does not conform to the standards in subsections 1.—6. above is considered a vehicle fueling station.

8.

Dedicated parking spaces for electric charging may occupy ten (10) percent of required parking, rounding up to the nearest whole number, and any parking spaces provided above the minimum required.

1.

Gasoline pumps shall be erected at least ten feet behind the building line.

2.

When a gasoline service station occupies a corner lot, the ingress or egress driveways shall be located at least twenty (20) feet from the intersection of the front and side street lines of the lot.

3.

A vehicle fueling station may not be used for the performance of major repairs; however, within a completely enclosed structure, it may include accessory minor servicing and repair of vehicles, such as:

A.

The sales and servicing of spark plugs, batteries, distributors, brakes, and tires, but not include recapping or regrooving;

B.

The replacement of mufflers, tail pipes, fan belts, grease retainers, wheel bearings, and the like;

C.

Greasing, lubrication, and radiator flushing;

D.

Repair of carburetors, fuel, oil, and water pumps and lines;

E.

Minor motor adjustments not involving removal of the head or crank case or racing the motor; and

F.

Emergency wiring repairs.

4.

A vehicle fueling station may have no more than three minor servicing or repair bays.

5.

Wrecked, inoperative, or abandoned vehicles may not be stored outdoors for a period of more than seventy-two (72) hours.

6.

Dismantling, wrecking, or sale of such vehicles or their parts is not permitted.

7.

The retail sales of food, beverages, and other frequently needed items for household consumption is allowed, in accordance with the following:

A.

The maximum gross floor area devoted to such sales is two thousand five hundred (2,500) square feet; and

B.

The preparation of food is not allowed, except for that allowed in a Limited Food-Service Establishment in accordance with Chapter 43.2 of the Fairfax County Code or the use of microwave ovens by customers for purchased food items.

8.

Fuel pumps may not produce amplified sound at a volume that renders the sound perceivable above ambient noise levels at any lot line.

(Ord. of 2-24-2025)