ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of February 21, 2015 DATE: February 13, 2015 SUBJECT: ZOA-15-01 Amendments to the Arlington County Zoning Ordinance, Articles 1-18 and Appendices A and B, to incorporate a use classification system; update use tables and definitions; update use standards, including new standards for short term uses and accessory uses; allow off-site parking for day care uses; allow by-right interior repairs and alterations to nonconforming buildings and structures in R-districts; and incorporate other minor updates throughout the Ordinance to codify administrative practices, increase clarity and consistency, and correct errors. C.M. RECOMMENDATION: Adopt the attached ordinance to amend, reenact and recodify the Arlington County Zoning Ordinance, Articles 1-18 and Appendices A and B, as shown in Attachment C, to incorporate a use classification system; update use tables and definitions; update use standards, including new standards for short term and accessory uses; allow off-site parking for day care uses; allow by-right interior repairs and alterations to nonconforming buildings and structures in R-districts; and incorporate other minor updates throughout the Ordinance to codify administrative practices, increase clarity and consistency, and correct errors. ISSUES: This is a proposed amendment to the Zoning Ordinance to include a new use classification system; updates to use tables, use standards and definitions; allow off-site parking for day care uses; allow by-right interior repairs and alterations to nonconforming buildings and structures in R-districts; and other minor updates throughout the Ordinance. This is the final phase of a four-year process to comprehensively update the Zoning Ordinance. Proposed amendments have been modified based on feedback from public outreach conducted by staff. BIDs and Partnerships have expressed concerns about time limitations on proposed new provisions for short term indoor and outdoor activities in vacant buildings and in outdoor spaces ( 12.10.5). Additionally, a number of concerns have been raised about the proposed amendments related to nonconforming one- and two-family dwellings ( 16.2.2). County Manager: ##### County Attorney: ***** Staff: Deborah Albert, CPHD, Planning Division 24. PLA-6926

SUMMARY: These proposed amendments are associated with the final phase (Phase IIC) of the Zoning Ordinance Update. Phase I of the update amended the sign regulations, adopted in July 2012; Phase IIA provided a complete reformat of the Zoning Ordinance, adopted in May 2013; Phase IIB, adopted in June 2014 codified administrative practices for bulk, coverage and placement, updated the Ordinance with respect to VA Code and incorporated other minor policy changes. This final phase of the update will amend the Ordinance as follows: Incorporate a use classification system; Update use tables consistent with the use classification system; Update use standards, including introduction of new standards for short term uses and accessory uses; Update definitions and terms, consistent with the use classification; Allow the County Board to approve off-site parking for day care uses; Allow by-right interior repairs and alterations to nonconforming one- and two-family dwellings and nonconforming accessory buildings and structures in R-20, R-10, R-8, R-6, R-5 and R2-7 districts; and Incorporate minor policy updates that codify administrative practices, increase clarity and consistency, and correct errors. BACKGROUND: In December 2010, the County Board accepted a work plan to comprehensively update the Arlington County Zoning Ordinance, starting in January 2011. The first phase of the process culminated in the adoption of revised sign regulations (Article 13) in July 2012. Phase II is a comprehensive update to the remainder of the Ordinance to address formatting and organization and to incorporate minor policy changes in distinct categories, described further in the table below. The following table shows a summary of the update process, with the current phase (the subject of in this report) shaded in grey. Phase Topic Timeline for Completion Phase I Sign regulations Adopted July 24, 2012 Phase IIA Reformat and reorganization (no changes to policy) Adopted May 18, 2013; Effective July 1, 2013 Phase IIB Phase IIC Minor policy updates: Codify administrative practices related to bulk, placement and coverage; and minor policy amendments on a range of topics, including updates for consistency with Virginia Code Introduce a use classification system; update uses tables; update use standards, including new standards for short term and accessory uses; update definitions and terms; and other minor policy updates to codify administrative practices, increase clarity and consistency, and correct errors Adopted June 14, 2014 Proposed February 21, 2015 ZOA ZO Update Phase IIC - 2 - PLA-6926

DISCUSSION: The purpose of all amendments associated with the Zoning Ordinance Update is to clarify, update and improve usability of the Ordinance to facilitate comprehension, administration and compliance. This includes clarifying changes as well as codifying a number of administrative practices in order to provide clear provisions in the Ordinance to describe requirements. The following summarizes this final phase of amendments. Introduction of a use classification system. A major component of this phase of the Zoning Ordinance Update is to introduce a use classification system. A use classification system groups land uses and activities based on similar functional or physical characteristics. Characteristics include the type and amount of activity, type of customers or residents, how goods or services are sold or delivered, the likely impact of the use on surrounding properties, and site conditions. The use classification system provides a basis for assigning land uses to appropriate zoning districts by describing the characteristics, identifying common principal and accessory uses, and providing a list of uses specifically excluded in each category. The use classification system will also provide the Zoning Administrator with a basis for interpretations about specific uses that are listed in the Zoning Ordinance as well as other uses that may not be listed in the Ordinance or may not have been anticipated. Finally, the use classification system is designed to more effectively anticipate future uses by providing an objective basis for determinations of similar use by the Zoning Administrator. Part of the use classification system provides criteria for consideration when the Zoning Administrator makes a similar use interpretation. A similar use interpretation is required when a use is requested that is not specifically listed in the Zoning Ordinance. The Zoning Administrator must determine whether the requested use is similar to an allowed use, and therefore allowed and subject to all the same standards as the allowed use, or alternatively, whether the use is not allowed. In making such a determination, the Zoning Administrator will consider all aspects of the proposed use, including the number and type of vehicles required (e.g., none, limited number, standard motor vehicles, heavy equipment, etc.), the type of equipment required (e.g., standard office equipment vs. industrial equipment), how the use advertises itself (e.g., a lobby espresso bar is for residents or tenants only vs. open to the public), and other factors. The proposed amendment will codify the factors the Zoning Administrator must consider, increasing consistency in interpretations. Updates to use tables, consistent with the use classification system. The use classification system will provide an organizational structure and updated terminology for the use tables. Currently the uses in the use tables are listed alphabetically, and a user needs to know exactly how the County has named a specific use in order to find it in the table (e.g., health club vs. athletic club; multi-family vs. apartment). Under the proposed use classification system: Uses will be grouped under logical categories consistent with the use classification system (e.g., residential; public, civic and institutional; retail, service and commercial; industrial; other) and sub-categories, with specific uses listed under each sub-category, making them easier to find; Duplicate uses will be consolidated under a single term (e.g., office; office development; office commercial; office buildings); ZOA ZO Update Phase IIC - 3 - PLA-6926

Lists of distinct uses with very different characteristics and land use impacts that are currently combined on one line will be divided into individual uses (e.g., airports, airport landing fields, cemeteries and funeral homes); Archaic uses will be eliminated (e.g., draying; tourist home); Uses that have use standards associated with them (e.g., open-air markets, grocery stores) will continue to be specifically listed in the use table. Uses that do not have specific use standards and are not proposed to have specific use standards (e.g., book store, stationery store, antique store, hardware store), may no longer be listed individually in the use table. They may instead, be captured by a row that allows, for example, all other retail sales uses. The use classification system will then provide further explanation about what uses are included in each sub-category. When the Zoning Ordinance was reformatted in 2013, use tables were created for each type of zoning district (public, single-family residential, multifamily residential, commercial/mixed use, industrial, and Form Based Code). These use tables allow the user to compare uses allowed in all zoning districts in the category. Use allowances indicate whether the use is allowed by-right, by use permit, or by site plan approval, and are designated by letters. Descriptions of these designations are proposed to be updated to provide additional clarity. Permitted uses. Uses allowed by-right may be approved administratively by the Zoning Administrator, and is designated by a P in the use table. This description is proposed to be updated to clarify how such uses are allowed in buildings controlled by site plan or use permit. Site plans (and new development approved by use permit) are approved for specific uses and typically for a defined amount of floor area for a particular use. Zoning Ordinance provisions for site plans (15.5) articulate what changes trigger site plan amendments, and specific site plan conditions may also trigger site plan amendment requirements. For example, conditions may specify or preclude a particular use in a particular area of the building (e.g., the ground floor). The P in the use table indicates that the use may be approved by-right, and may also be allowed administratively in buildings approved by site plan or use permit, but only subject to site plan and use permit conditions that do not otherwise preclude such use or require another specific use. Use permit approval required. Uses allowed subject to use permit require legislative approval by the County Board, and are designated by a U in the use table. Many uses allowed by use permit are approved with subsequently scheduled legislative or administrative reviews, to ensure that the conditional use is being operated as approved and consistent with approved conditions. Examples include live entertainment, food delivery, home day care, etc. This description is proposed to be updated to clarify practice, that the Zoning Administrator may require a use permit for such use, even in buildings already controlled by use permit or site plan. Site plan approval required. Uses allowed subject to site plan require legislative approval by the County Board, and may be approved with modifications to density, height, parking and other development standards. Such uses are designated by an S in the use table, and may be considered only as part of a site plan application. Uses designated as subject to site plan approval are not permitted by-right. In most districts where site plan is available, only a limited number of uses are allowed by-right. ZOA ZO Update Phase IIC - 4 - PLA-6926

Site plan and use permit approval required. A new designation is proposed to be added to the commercial/mixed-use use table to indicate uses requiring a use permit that may be considered only on properties controlled by site plan. These uses are designated with a C. This new designation is proposed to be added in order to distinguish such uses from those uses that may be considered by use permit in by-right buildings. The new C designation described above was added in order to codify practices related to uses allowed in site plan projects. Many mixed-use zoning districts (e.g., C-O-1.0, C-O-1.5, C-O-2.5, C-O, C-O Rosslyn) do not include specific lists of uses allowed under site plan. These districts, when created were based on the C-1-O district, which is a zoning district that allows only limited commercial uses, specifically including offices and financial institutions, at a low density (Up to 0.6 FAR). The C-1-O district use and density regulations dictate what is allowed by-right in the aforementioned zoning districts. However, these zoning districts were developed with the intent that they would primarily be used for site plan development, which allows increases in density, height and a wider array of uses, subject to site plan approval by the County Board. Rather than specifically listing uses in these districts, the 1950 Ordinance simply listed mixed office, commercial, institutional, apartment or hotel uses (with variations in phrasing in different districts). Many other zoning districts also use similar general terminology to allow commercial and retail uses, including C-O-A, C-O Crystal City, R-C, MU-VS, C-TH and C-R, and for ground floor uses, RA-H-3.2 and RA4.8. On December 1, 2009, the Zoning Administrator memorialized in a memo, the practice of interpreting commercial uses and commercial development to allow the nonresidential uses listed in the C-1 and C-2 zoning districts. These proposed amendments will codify this practice, as described in the following table. Zoning District C-O C-O-A RA-H-3.2 RA4.8 C-O-1.0 C-O-1.5 C-O-2.5 Adopted Allowed Uses (by site plan, except where noted) Commercial uses Commercial uses, other, or as otherwise approved by the County Board (limited to 0.5 FAR on the ground floor) Commercial uses as permitted in C-1-R districts, or as otherwise approved by the County Board (limited to 0.5 FAR on the ground floor) Commercial uses including retail and service commercial uses Proposed to be codified Based on a December 1, 2009 Zoning Administrator memo, these districts, by site plan approval, allow nonresidential allowed in C-1 and C-2 districts. Therefore, in the commercial/mixed-use use tables in the proposed amendment, these zoning districts include (shown in green in the commercial/mixed-use use table in the proposed amendments) the addition of the following designations: (S) for all uses allowed by-right in C-2 that were not already explicitly listed as being allowed in the subject district; to denote uses that may be considered under site plan; and (C) for all uses allowed by use permit in C-2 that were not already explicitly listed as being allowed in the subject district; to denote uses that may be considered under use permit approval, but may only be considered in buildings controlled by site plan. The following uses are not proposed to be allowed under site plan: commercial parking (parking use category); plumbing or sheet metal shops ZOA ZO Update Phase IIC - 5 - PLA-6926

Zoning District Adopted Allowed Uses (by site plan, except where noted) Proposed to be codified (manufacturing and production use category); carpet cleaning plants; printing, lithography or publishing; sign manufacturing (light industrial service use category). These uses are not consistent with the form or intent of these mixeduse zoning districts. C-O Rosslyn C-O Crystal City Retail and service commercial uses when allowed by the General Land Use Plan Retail Same as above. These two zoning districts were drafted to include the terms retail and service commercial uses (but not commercial uses). This change is consistent with longstanding practice and the intent of these two zoning districts. R-C Retail and service commercial Use allowances added to the proposed draft, as MU-VS C-TH* Retail stores or business (byright in C-TH) described in the first row above, except only for uses in the following proposed use categories: C-2* Retail stores or business in Entertainment C-3* addition to those permitted in Food and drinking establishments C-1 and C-1-R (by-right)* Retail, sales C-R Retail Retail, personal service Retail, repair *Adopted provisions for the C-2, C-3 and C-TH districts include retail uses by-right. These districts are not impacted by the December 1, 2009 memo, however, are included in this table as an explanation of how retail uses are proposed to be amended for consistency with the proposed use classification system. Updates to definitions. Also explicitly included in the scope of this phase of the update, is a review of existing definitions and terms. The proposed amendments would update a number of definitions, as well as add new definitions for commonly used terms that are not currently defined. While some other commonly used terms may not be defined, they may be described in detail through the proposed use classification system or other use standards (e.g., retail; public, civic and institutional uses). Updates to use standards. Use standards are specific provisions that are always associated with a particular use. This concept is not new to the 2013 Zoning Ordinance. The 1950 Ordinance contained a number of use standards, and at that time, such standards were sometimes repeated in each district in which the use was allowed, and at other times, were consolidated in a single place and simply referenced in each district the use appeared. The 2013 reformat consolidated all existing use standards into a single Article (12) and provided quick links within the use table for each use for which standards exist. This final phase of the update will: Move all use standards that still exist in the use table into Article 12 for consistency in format; Create new use standards for accessory uses and short term (temporary) uses (discussed further below); ZOA ZO Update Phase IIC - 6 - PLA-6926

Consolidate use standards for similar uses into a single use and single standard. For example, there are several medical office uses, each with specific, but similar standards resulting from multiple amendments to the 1950 Ordinance over many years; Update existing, and add other new use standards as identified through the review. Accessory use standards ( 12.9). A number of accessory uses are allowed by the Zoning Ordinance, and listed in the accessory use table for each set of zoning districts (P, R, RA, C, M). In addition, proposed amendments would identify typical accessory uses for each sub-category in the proposed use classification system. However, there are currently no standards or definition in the Zoning Ordinance for what constitutes an accessory use. Development of such standards was explicitly included in the scope of the Zoning Ordinance Update. Proposed standards, consistent with long-standing practice, include: Defining accessory buildings and uses as incidental and subordinate to the principal use on the lot; Requiring accessory uses to be associated with a principal use on the same lot and in the same zoning district; Requiring all accessory uses to meet all placement and dimensional requirements; Requiring accessory uses to be in keeping with the character of the principal use; Requiring accessory uses to be allowed only in association with a principal use. Short term use standards ( 12.10). This scope of this phase of the update also included development of standards for short term uses. This task was included to clarify the definition of temporary, and also to address requests for short term events for which the Zoning Ordinance does not explicitly provide regulation. Many have questioned the definition of temporary uses and the time period during which temporary uses may be allowed. There are several uses throughout the Ordinance that are allowed on a temporary basis that include specific time frames. In order to clarify this issue, and because different uses are allowed for different periods of time, the proposed amendments provide standards for specific uses, each allowed for a defined amount of time, as appropriate for the subject use. Such uses are proposed to be allowed for anywhere from one or two days for a fixed number of times per year, to up to three years with potential for renewal. This amendment would also consolidate existing short term use provisions that are scattered throughout the Zoning Ordinance, in one place for ease of use. Finally, the amendment proposes new short term uses not previously addressed by the Ordinance. Proposed short term use standards are discussed below. Short term uses currently allowed by the Zoning Ordinance, but not explicitly addressed in all zoning districts in which they have been allowed by practice, are proposed to be updated for clarity and consistency. Other proposed short term use standards are new. Off-site storage and leasing trailers. This use is currently allowed in most zoning districts, subject to use permit approval. In most zoning districts, the use was previously allowed by reference to R-20 in the 1950 Ordinance. However, several zoning districts (MU-VS, C-O Crystal City, C-TH, RA7-16 and RA-H) were not part of the original pyramid structure in the 1950 Ordinance (whereby most districts referenced allowed ZOA ZO Update Phase IIC - 7 - PLA-6926

uses in previous zoning districts), so inclusion of this use was overlooked. The proposed amendment would allow such use in these districts, as it is allowed in all other zoning districts (subject to use permit approval by the County Board). Construction equipment, fences and offices. These proposed new standards are intended to allow the Zoning Administrator to approve placement of certain temporary construction-related structures, equipment and fences within required yards during the time of construction. Under current regulations, in a situation where an entire lot may be under construction, there is no flexibility in the Zoning Ordinance for placement of construction-related equipment. This flexibility is typically incorporated into site plan conditions, but is not an option for by-right construction projects. This provision would also require that a six-foot fence be placed around the limits of disturbance when the limits of disturbance are within five feet of the common lot line of an abutting R or RA district. Indoor and outdoor events and activities in vacant buildings or properties. This proposed standard would codify provisions to facilitate activities and events designed to enliven the County s mixed-use corridors and other areas where there may be vacant land. Any change in land use requires both a certificate of occupancy, and approval by zoning. However, the Zoning Ordinance has few specific provisions for short term uses, which has made it challenging for the Zoning Administrator to consistently administer such uses, and has presented challenges to applicants of short term events and activities. Furthermore, many of these short term uses occur in vacant spaces in buildings controlled by site plan, which have intentional restrictions on permanent tenants built into site plan conditions. While the site plan conditions are appropriate for long-term use of the building in order to achieve consistency with master plans and policies, the short term use (even sometimes as short as one day or one weekend) of a temporarily vacant space for a broader range of uses, events and activities can help bring vitality to an area, and ultimately support fulfillment of the long-range goals for the building and broader area. The short term nature of these events make efficient administration even more relevant, in that there is typically less lead time for a short term event than for a construction project, for example, which may be in the planning stages for a period of several years. In order to facilitate maximum utilization of approved buildings and development projects, the proposed short term use standards include specific allowances for short term activities and events in spaces that may otherwise be vacant during a lease-up period or market downturn. Individual short term events would be allowed for up to a total of 90 days per property per year, in any combination of consecutive days up to the 90-day limit. In order to promote and support art, cultural and community-service events and activities, a longer time frame is proposed for short term activities classified as community service uses in the proposed use classification system. These uses, which include museums, art galleries or studios, community centers, libraries, cultural exhibits, philanthropic institutions, senior centers and other similar uses, would be allowed for up to 360 days. The intent of the proposed time frame is to balance the temporary nature of the event with the efforts and cost required to prepare the space to meet certificate of occupancy and other code requirements. Staff proposes that this time frame would provide the flexibility for a range of events, while limiting the overall time a property is used for uses that may not be ZOA ZO Update Phase IIC - 8 - PLA-6926

consistent with the an approved site plan, or the community vision established for the property, were the event to persist for a longer time frame. However, events and activities proposed for a longer time frame may be considered by the County Board through a request for a site plan amendment. The proposed amendment would allow the zoning administrator to approve, in all commercial/mixed-use (C) and industrial (M) districts: o Indoor events and activities to include any use allowed in the subject zoning district, regardless of site plan conditions that may restrict a building to a particular use, so long as the building is approved for retail, service or commercial uses as articulated in the proposed use classification system. Previously proposed restrictions on the type of street the building entrance faces, are no longer proposed. In order to add additional flexibility, staff concludes that the general standards applicable to all short term uses would address any potential traffic issues on smaller streets, and that the spaces available for such activities will generally be located on principal and minor arterial streets; o Outdoor events such as short term festivals, fairs, and retail events, including outdoor seasonal stands such as Christmas tree or pumpkin sales lots, flower, vegetable or fireworks stands, which are currently identified in the C-1 zoning district, but have typically been allowed in all commercial and industrial districts. Outdoor events could also be approved in public (P) districts; o The use of temporary buildings or structures, such as tents, shipping containers and other similar structures, subject to bulk, coverage, placement and by-right height provisions in the subject zoning district; o The use of signs for which no permit is required that are allowed in the subject zoning district, regardless of comprehensive sign plan provisions. Such signs include window signs, directional signs and for certain uses, temporary sidewalk signs. These signs would be allowed for the duration of and up to one week prior to the event. Pop-up parks. Use of vacant land to create parks and useable open space has become more common in cities. Recently in Arlington, pop-up parks have been approved for a limited time on a portion of the property approved for the Central Place development in Rosslyn, by a private property owner; and on land owned by the South Korean embassy, by the County. The proposed amendment would facilitate the use of land for public park use on a temporary basis by explicitly allowing such use for up to three years, with the option for renewal after the three-year period. Pop-up parks meeting the proposed standards would be approved by the Zoning Administrator. Public, civic and institutional building uses. Use of public buildings for short term rental of classrooms, parking or larger spaces, is currently allowed in the S-3A and P-S zoning districts. This provision has been moved to the short term use standards and extended to apply to all public, civic and institutional buildings in all zoning districts. No permit for short term use (discussed in the next section of this report) would be required. ZOA ZO Update Phase IIC - 9 - PLA-6926

Portable storage devices. Portable storage devices (PSDs) are commonly used by residents when moving or for temporary storage of household goods during renovations. Other County policies allow, by application and for a fee, consideration of placement of PSDs in certain public rights-of-way, subject to a right-of-way permit, however, if placed on private property, they are regulated as accessory structures and must meet all bulk, placement and coverage requirements for accessory structures. The proposed amendment would allow for additional flexibility for placement of PSDs for storage of household goods on private property in R zoning districts, so long as they are placed no closer than five feet to any lot line, for a period of up to 90 days. While a time frame of 180 days was advertised, staff recommends that PSDs placed within required yards be limited to the 90 day time period initially proposed by staff, as there are other options for placement when longer-term storage is needed. Options for longer-term storage include placement within required setbacks, or rental of a conventional storage unit. The 90-day time frame is based on what staff proposed to be a reasonable time frame to allow a structure to be placed within a required setback area. Procedures for short term uses. Short term uses are proposed to be allowed subject to the issuance of a certificate of occupancy. A certificate of occupancy requires approval by the Zoning Administrator, and in some cases, where building permits are required, would also require approval by the Building Official. Additionally, where short term uses are proposed on public property and public rights-of-way, the established special event process may include additional requirements. Staff had initially proposed to create an application process that would additionally require approval of a permit for short term use, however, in response to feedback that this would make the process more onerous for applicants, staff concludes that approval of a certificate of occupancy would be sufficient. The permit for short term use advertised in 15.10 is not recommended for adoption. Changes to the proposed amendment are shown with grey highlight in Attachment D. Additional advertised policy changes. When the County Board authorized advertisement of the proposed amendments on January 27, 2015, it included text on two additional topics that had not previously been discussed as part of this update. Staff recommends that the County Board adopt these amendments, which are discussed below. Nonconforming buildings and structures in R-districts. A standard best practice in zoning is to phase out nonconforming uses. A use may be legally nonconforming if it was established prior to a change in the zoning ordinance that subsequently precluded that use. Typically, with such a change to the Zoning Ordinance, the established use may continue, but may not be structurally altered or repaired in ways that would extend its life. However, there are some examples of nonconforming uses where this is not the desired outcome. This is the case for many of the oneand two-family houses in Arlington, which most commonly, may not meet required setbacks due to changes in regulations originating as far back as the 1930s, making them nonconforming. ZOA ZO Update Phase IIC - 10 - PLA-6926

Recently, a change in interpretation of the Zoning Ordinance resulted in requiring both a variance (which may only be approved in the case of a hardship) and a use permit by the Board of Zoning Appeals (BZA), for any structural alteration to a nonconforming building or structure. Previously such changes required only approval of a use permit. Furthermore, many repairs and alterations that impact only the interior of a house (having no impact or change on the exterior of the house) make structural changes. Therefore, in order to facilitate the process for making interior alterations to nonconforming houses, the County Board authorized advertisement of amendments that would allow by-right, changes that are completely contained within the existing exterior walls of nonconforming one- or two-family dwellings or nonconforming accessory building or structure in R-20, R-10, R-8, R-6, R-5 or R2-7 districts. This provision would allow both alterations that are fully within the interior of the structure, as well as replacement, expansion or addition of doors, windows or other openings in an exterior wall as long as those doors, windows or openings do not further any nonconforming condition. Staff recommends that the County Board adopt these amendments. Off-site parking for day care uses. The County Board also authorized amendments that would allow it to approve parking off-site in order to meet parking requirements, as part of approval of a use permit for day care uses. The County Board could approve the off-site parking nearby, where an agreement with the owner of the off-site parking is provided; where the off-site parking is not required for the use on the nearby property; and where it finds that the off-site parking would not jeopardize pedestrian or vehicular safety, or safe or convenient access to other parking areas, residences or businesses in the vicinity. These issues would be assessed on a case-by-case basis as part of the use permit review process. Minor policy changes in other categories. While many of the additional changes in this final phase of the Zoning Ordinance are technical changes that reformat and clarify without changing policy, there are a number of minor policy changes that are also proposed as part of this phase of the update. These policy changes include codifications of administrative practice with respect to reorganization of the use tables to match the use classification system, as well as changes to policy proposed by staff that were prompted by implementation of the use classification system. All changes to policy, amendments that codify administrative practices, and amendments that correct errors, and improve clarity and consistency, are summarized in four separate tables in Attachment A. COMMUNITY PROCESS: Four drafts of the proposed amendments were posted on the project web page and comments were formally requested in two rounds. The preliminary draft was posted on September 5, 2014 to provide an early opportunity for community review and so that public presentations could refer to the draft to provide examples of the amendments proposed. Comments on this draft were requested by October 31, 2014. Staff reviewed all comments received at meetings and directly via phone, email or individual meeting requests. A revised preliminary draft was posted on December 4, 2014 so the community could review how comments were addressed. All comments and staff responses are included in Attachment B. The community was invited to continue to provide comments on the revised draft until December 31, 2014. The intent of the revised draft was to provide a public draft of the nearcomplete amendments prior to the draft proposed for advertisement. The RTA draft included minimal changes from the revised draft, all of which were summarized and posted on the project ZOA ZO Update Phase IIC - 11 - PLA-6926

web page. A preliminary Request to Advertise draft was posted on January 9, 2015 prior to Planning Commission hearings, and the Request to Advertise draft was posted on January 16, 2015, prior to the County Board hearing. Zoning Committee of the Planning Commission (ZOCO). Prior to the Request to Advertise, ZOCO discussed the proposed amendments at six meetings in May, July, September, October, November 2014 and January 2015. Staff made many changes to the proposed text in response to comments from ZOCO, which are also included in Attachment B. At an additional meeting on February 3, 2015, ZOCO discussed the amendments authorized for advertisement by the County Board, focusing on short term use standards, off-site parking for day care uses and by-right repairs and alterations to nonconforming houses. Community Outreach. Prior to the Request to Advertise, staff reached out to the community through a public meeting and via established community groups, as listed below. Chamber of Commerce (May 2014) Form Based Code Advisory Working Group (September 17, 2014) Northern Virginia Building Industry Association/National Association of Office and Industrial Properties (NVBIA/NAIOP) (September 23, 2014) Public Meeting (October 22, 2014) Civic Federation (December 2, 2014) Economic Development Commission (December 9, 2014) Business Improvement Districts (BIDs) and Partnerships (December 15, 2014 and February 9, 2015) Civic Federation Planning and Zoning Committee members (February 12, 2015) Subsequent to authorization of advertisement, staff provided email updates to a distribution list used throughout this process, to provide information about the changes made to the proposed amendments as part of the advertisement. Comments and questions were once again invited, on all proposed amendments, including those not previously discussed as part of the outreach process. Discussion of remaining issues. Two areas of concern have been the subject of several additional discussions with staff. Proposed duration of short term indoor and outdoor events and activities. Staff reached out to the County s BIDs and Partnerships for further discussion of the proposed short term use standards, in order to get a better understanding of the types of short term uses envisioned by the BIDs/Partnerships and to obtain additional feedback on specific concerns identified in the proposal included in the Request to Advertise. The BIDs and partnerships have continued to express concern about the proposed duration of short term indoor and outdoor activities in vacant buildings and spaces and in outdoor spaces. Those present at a meeting on February 9, 2015 requested that such uses and activities be allowed for as long as a space may be vacant, regardless of site plan conditions for the subject property. They also stated that they believe that asking the property owner to pursue a minor site plan amendment to accommodate a change in use under an adopted site plan would be too onerous and that property owners would not be willing to pursue this option. ZOA ZO Update Phase IIC - 12 - PLA-6926

The proposed amendments would allow a total of 360 days for community service uses, which include art and cultural events, and up to 90 days/year for all other uses. The proposed time limitations are based on what staff proposes is a reasonable time frame for the Zoning Administrator to have the authority to approve uses that are not consistent with the legislative approval adopted by the County Board through approval of a site plan. Use restrictions in site plans approved by the County Board are included for several reasons, including: A specific use may be provided in a site plan as a community benefit (e.g. a theatre; community meeting space); A specific use may be provided in response to community discussion throughout the site plan review process (e.g. a grocery store; theatre; urgent care facility); A specific use may be provided for consistency with sector, small area or neighborhood plans for the subject property (e.g. ground floor retail; office; residential) Once a site plan is adopted, the subject property is governed by the uses and conditions included in that site plan. The community has expectations for that property based on the discussions leading up to adoption, and can count on those conditions adopted by the County Board, included use allowances and restrictions. Staff has proposed to allow the Zoning Administrator to approve short term uses that may not be consistent with that site plan, in the interest of utilizing vacant spaces and activating commercial areas. However, long term change in use should be considered only by the County Board, where the change in use is advertised, and the community has an opportunity to be notified. The proposed short term use provisions would provide the property owner with some short term flexibility with minimal process. This not only allows for a range of short term events and activities, but also positions the property owner to be able to demonstrate the appropriateness of a proposed change in use, should a site plan amendment be pursued. Staff concludes that the limited time frames proposed are an appropriate delegation of the Zoning Administrator s authority, whereas longer term changes should be considered by the County Board. Interpretation of nonconforming use provisions. The community has expressed concern about interpretation of the Zoning Ordinance related to nonconforming one- and two-family dwellings. Outside the scope of the work plan for this four-year comprehensive update to the Zoning Ordinance, a recent change in interpretation of the Zoning Ordinance (as discussed above see additional advertised policy changes on p. 10 of this report) led to advertisement of a change to the nonconforming one- and two-family use provisions in Article 16, as part of this broader amendment. With many one-family dwellings in Arlington constructed prior to the subdivision ordinance, many one-family dwellings do not meet setbacks, or may be nonconforming for other reasons. While over the years, the Zoning Ordinance has been amended several times to facilitate the ability to renovate nonconforming dwellings (in 1976 to allow additions conforming to current regulations; and again in 2009 to allow the Board of Zoning Appeals to modify placement regulations), there continues to be confusion over when a dwelling is nonconforming and the variety of reasons a dwelling may be nonconforming, as well as concern around consistency of interpretation of these and other provisions that regulate structural alternations of nonconforming structures, that are consistent with best practices in Zoning. The proposed amendments to 16.2.2 and 16.2.4 seek to address the recent issue related to the interpretation ZOA ZO Update Phase IIC - 13 - PLA-6926

change. The interpretation change would have required both a variance and a use permit for nonconforming structures, instead of just the use permit, required under previous interpretation. The proposed amendment will allow by-right, for a subset of nonconforming dwellings, both interior alterations, as well as replacement, expansion or creation of new windows, doors or openings in an exterior wall, so long as those windows, doors or openings do not further a nonconforming condition. The County strives to make the Ordinance as clear as possible with all amendments, however, there will always be unanticipated situations that may not be clearly evident, where the Zoning Administrator must make a ruling as to how a provision applies. Staff agrees that transparency of these decisions is essential, particularly when related to changes in longstanding practices. Additionally, it is evident that some additional education on nonconforming dwellings and structures would be beneficial, and it is upon staff to investigate opportunities to provide explanations of these provisions and how they might impact residential property owners. Planning Commission. The Planning Commission considered the proposed amendments at its meeting on February 11, 2015, where it voted unanimously (7-0) to recommend adoption of the proposed amendments; however, the Planning Commission also voted to recommend that the County Board allow portable storage devices ( 12.10.7) for 180 days rather than the 90 proposed by staff; and that the County Board defer adoption of the short term indoor and outdoor events and activities ( 12.10.5) to allow for consideration of longer time periods for short term uses in economically distressed areas. Staff continues to recommend a 90-day time period for portable storage devices, as there are other options for longer term storage, as discussed above (see p. 10). Staff also continues to recommend that the County Board adopt the proposed indoor and outdoor events and activities provisions in 12.10.5 with the associated proposed time frames, as discussed in the previous section of this report. CONCLUSION: These proposed amendments conclude a four year process to comprehensively update the Zoning Ordinance. With the adoption of these amendments, the usability and clarity of the Zoning Ordinance will have been significantly improved over the 1950 Zoning Ordinance, making it easier for residents and business and property owners to understand zoning regulations and easier for staff to administer the Ordinance efficiently and consistently. Therefore, staff recommends that the County Board adopt the attached ordinance to amend, reenact and recodify the Arlington County Zoning Ordinance, Articles 1-18 and Appendices A and B, to incorporate a use classification system; update use tables, use standards and definitions; allow off-site parking for day care uses; allow by-right interior repairs and alterations to nonconforming buildings and structures in R-districts; and incorporate other minor policy updates to codify administrative practices, increase clarity and consistency and correct errors (as shown in Attachment D). Additionally, staff recommends that the proposed amendments in 16.2.2 and 16.2.4 (related to by-right alterations and repairs to nonconforming one- and two-family principal and accessory buildings) be effective immediately upon adoption; whereas all other proposed amendments are ZOA ZO Update Phase IIC - 14 - PLA-6926

proposed to be effective on April 6, 2015, in order to provide time for publication of the revised Zoning Ordinance and updating of supporting materials. ZOA ZO Update Phase IIC - 15 - PLA-6926

AN ORIDINANCE TO AMEND, REENACT AND RECODIFY ARTICLES 1-18 AND APPENDICES A AND B OF THE ARLINGTON COUNTY ZONING ORDINANCE, AS SHOWN IN ATTACHMENT D, TO INCORPORATE A USE CLASSIFICATION SYSTEM; UPDATE USE TABLES AND DEFINITIONS; UPDATE USE STANDARDS, INCLUDING NEW STANDARDS FOR SHORT TERM USES AND ACCESSORY USES; ALLOW OFF-SITE PARKING FOR DAY CARE USES; ALLOW BY-RIGHT INTERIOR REPAIRS AND ALTERATIONS TO NONCONFORMING BUILDINGS AND STRUCTURES IN R-DISTRICTS; AND INCORPORATE OTHER MINOR UPDATES THROUGHOUT THE ORDINANCE TO CODIFY ADMINISTRATIVE PRACTICES, INCREASE CLARITY AND CONSISTENCY, AND CORRECT ERRORS, AS SHOWN IN ATTACHMENT C; AND IN ORDER TO REDUCE OR PREVENT CONGESTION IN THE STREETS; TO FACILITATE THE CREATION OF A CONVENIENT, ATTRACTIVE AND HARMONIOUS COMMUNITY; TO ENCOURAGE ECONOMIC DEVELOPMENT; AND FOR OTHER REASONS REQUIRED BY THE PUBLIC NECESSITY, CONVENIENCE AND GENERAL WELFARE, AND GOOD ZONING PRACTICE. Be it ordained that, effective upon adoption, 16.2.2 and 16.2.4, of the Arlington County Zoning Ordinance are hereby amended, reenacted and recodified as shown in Attachment D, to allow by-right interior repairs and alterations to nonconforming buildings and structures in R- districts; and effective April 6, 2015, Articles 1-18 and Appendices A and B of the Arlington County Zoning Ordinance are hereby amended, reenacted and recodified, as shown in Attachment D, to incorporate a use classification system; update use tables and definitions; update use standards, including new standards for short term uses and accessory uses; allow offsite parking for day care uses; and incorporate other minor updates throughout the Ordinance to codify administrative practices, increase clarity and consistency, and correct errors; and in order to reduce or prevent congestion in the streets; to facilitate the creation of a convenient, attractive and harmonious community; to encourage economic development; and for other reasons required by the public necessity, convenience and general welfare, and good zoning practice. * * * In the proposed amendments in Attachment D: Text proposed to be added is shown with underline or double-underline; Text proposed to be deleted is shown with strikethrough or double-strikethrough; Text changed since the Request to Advertise is shown as follows: text shown with grey highlight and underline and double strikethrough is text advertised but not recommended for adoption; text shown with grey highlight and underline, is text proposed to be added that has changed since it was advertised. Footnotes and informational notes (in yellow boxes) are informational only and are not proposed to be adopted; The table of contents, index and internal references are automatically generated and pagination may change in the final version of the Ordinance; and Different colors of text are meaningless. ZOA ZO Update Phase IIC - 16 - PLA-6926

ATTACHMENT A Zoning Ordinance Update Phase IIC: Summary of Proposed Amendments Final Draft (February 13, 2015) This is a general summary only, and not an exhaustive list of all changes in the proposed amendments. This list provides explanations of the more substantive changes in the preliminary draft. Four tables are included below: Table 1: Amendments that implement new policy Table 2: Amendments that codify administrative practices Table 3: Amendments that provide additional clarity and consistency Table 4: Amendments that correct errors introduced through the 2013 reformat to the Zoning Ordinance The following changes are not noted in this summary, but are shown in the proposed amendments: Updates to headings: Many headings in the Ordinance have been updated or added for clarity. Headings are not regulatory; Explanations provided in footnotes in the draft (e.g. where text has been moved from one location to another); Updates to general terminology throughout the Ordinance, largely based on updated terms used in the use classification system; General grammatical updates and other updates that simply clarify language. Section TABLE 1. Proposed Amendments: New Policy Article 4 4.1.2 Telecommunications facilities are not currently allowed in S-D district. This use is proposed to be allowed in S-D districts subject to use permit approval, as allowed in all other public zoning districts (S-3A and P-S). 6.1.3 (RA accessory use table) Article 6 Parking of one commercial vehicle has been added to allowed accessory uses in the RA7-16 zoning district, consistent with such allowance in all other R and RA districts. This use was previously allowed in the RA7-16 zoning districts because when that district was developed it was not in the original pyramid structure of the 1950 Ordinance and therefore did not reference back to uses allowed in R-20 as did all other R and RA districts. Page 1 of 10 (Final Draft February 13, 2015)