TOWN OF HERNDON, VIRGINIA ORDINANCE, 2016 Ordinance- to amend and reenact Chapter 78 of the Code of the Town of Herndon entitled Zoning, Sections 78-204, 78-400, and 78-403 to make changes for internal consistency, clarification, and other minor amendments; ZOTA # 16-07. In adopting this ordinance, the Town Council has considered the factors set out in 15.2-2284, Code of Virginia. BE IT ORDAINED by the Council for the Town of Herndon that: 1. Subsection 78-204.1, Public Improvements, Zoning Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Sec. 78-204. Performance Guarantees Sec. 78-204.1. Public Improvements. (f) Duration. The performance guarantee agreement and security shall be provided for completion of all work covered thereby within the time to be determined by the applicant, which time may be extended by the town council Zoning Administrator upon written application by the owner, owner's agent, or developer, signed by all parties (including security, if appropriate) to the original agreement. 2. Section 78-400, Table of Principal Permitted and Allowed Uses, Zoning Ordinance (2007), Herndon Town Code (2000), as amended, is amended and reordained as follows: Sec. 78-400. Table of Principal Permitted and Allowed Uses. 1
(b) Table of principal permitted and allowed uses. Table of Principal Permitted and Allowed Uses (See Also Table of Permitted and Allowed Accessory Uses and Table of Allowed Temporary Uses and Structures) Notes: 1. P = use permitted in the zoning district 2. = use permitted only by special exception (see also section 78-202.3 3. A = uses permitted in planned development district when approved as part of a zoning map amendment 4. Any principal use allowed or permitted by right in this table is permitted by special exception in the floodplain overlay district, in accordance with section 78-304.2(d)(1) Residental Residential Business Planned Development Use Category Use Type R- 15 R10 RTC RM CCD CS CO O&LI PD- R PD- B PD- TD PD- D Residential Single-family detached dwelling P P A A Duplex dwelling P A A Townhouse dwelling P P A A Townhouse rental residential development P P A Quadruplex dwelling P A A Multi-family dwelling within a mixed use building (in the CCD, only allowed above the first floor and P P 2
limited to a maximum of two such dwellings per building) Multi-family dwelling (including residential rental townhouses) P A A Housing for the elderly P P A A Assisted living for the elderly and persons with disabilities P A A Group home P P P P A A Education Childcare center, daycare center or preschool A A A Post secondary education and career schools A A School, public or private (K-12) A A A Government Facilities Government buildings, facilities and uses not otherwise categorized A A A Institutional and Community Service Uses Cemetery Community centers A A A Convalescent home A 3
Hospital A Library P P A A A Museum, fine arts center P A A Religious institution, with a capacity of 300 or fewer persons gathered for religious observance in, with or without any accessory schools, daycare centers, or recreational facilities A A Religious institution, with a capacity of more than 300 persons gathered for religious observance, with or without accessory schools, daycare centers, or recreational facilities A A Senior center P A A A Eating Establishments Restaurant P P A A Drive-In Restaurant [not drive-through window service]* Offices All office uses, excluding any medical or health related services (see "health care facility") P P P P A A A 4
Indoor Entertainment Commercial recreation/ entertainment, indoor P A A Outdoor Entertainment Commercial recreation/ entertainment, outdoor A Private swimming pools and Tennis Courts Personal Services and Retail Sales Animal hospital, kennel, pet daycare, animal shelter, and veterinary clinic P A A Artist's studio or gallery P P P P A A A Drycleaning/laundry drop-off and pick-up without on-site cleaning, laundromats P P A A A Durable goods sales P A Financial institution P P P P A A Funeral home P Health care facility P P P P A A A Health care laboratory P P P P A Mailing and packing service P P A A 5
Personal services, general P P A A A Pharmacy P P P A A Product repair and services P P P A A Retail sales P P A A School of special instruction P P A A A Other personal services and retail sales uses P P A A Vehicle Sales and Services Vehicle sales (new) Vehicle repair; transmission and muffler shops, sales of vehicle parts and tires Recreational vehicle rental and sales Vehicle fuel sales with or without convenience store Lodging Businesses Commercial Utilities Conference center, hotel, motel, inn boarding house, rooming house Commercial communication tower, freestanding A A A A A 6
Electrical substation A Telecommunication switching station A Utility-related maintenance and storage yards Industrial Service Dry cleaning or laundry plants Scientific research and scientific development P A All other industrial service uses A Light Manufacturing Uses involving freight delivery, storage, mass production and transporting of finished products All other light manufacturing uses P A Self-Service Storage Self-service storage uses A Transportation and Parking Bus maintenance facility for public bus service Parking facility, commercial or public, permanent A A Warehousing Electronic warehousing P A 7
Warehouse (storage) A Wholesale Sales Contractor's materials A Wholesale establishment A * See also section 78-701, Definitions. Drive-in (not drive-through) window service is a term used to describe an establishment designed to be operated to serve a patron while seated in an automobile parked in an off-street parking space. 3. Subsection 78-403.2, Temporary uses and structures, Zoning Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Sec. 78-403. Temporary uses and structures. Sec. 78-403.2. Table of allowed temporary uses and structures. TABLE 78-403.2: TABLE OF ALLOWED TEMPORARY US AND STRUCTURES Temporary Use or Structure Allowable Time Frame Specific Regulations No Permit Required: Garage sales, yard sales, estate sales Such uses are limited to no more than two consecutive days per use, and no more than four occurrences per parcel per year. Temporary vehicle washes by civic and nonprofit organizations, or by middle and secondary school groups Such uses are limited to no more than two consecutive days per use, and no more than four occurrences per parcel per year. 8
Sidewalk sales: Civic and nonprofit organizations Such sales are limited to a maximum of four days per calendar year with no more than four occurrences per parcel per year. 403.46(1) Temporary uses on town property Such uses are limited to no more than four occurrences per site per calendar year. Approval by the town manager required. 403.46(2) Temporary parking for special events Such uses are limited to a maximum of four days per event with a maximum of three occurrences per parcel per year. 403.46(3) On-site constructionrelated activities (including construction trailers and employee parking) Such uses may be in place after plan approval and within 30 days after termination of the building permit or issuance of a final certificate of occupancy 403.6(2) Portable storage units onsite for up to 16 days No more than two occurrences per address per year with a maximum of 16 days per occurrence. 403.46(4) Roll-off dumpsters used on residential properties See Section 78-403.46(5) Permit Required: Temporary office facilities (including real estate sales offices) Such structures and uses may be in place for no more than one to three years. 403.7(1)6(6) Off-site constructionrelated activities (including construction trailers and employee parking) Such structures and uses may be in place for no more than one to three years. Such uses may be in place after plan approval and within 30 days after termination of the building permit or issuance of a final certificate of occupancy. 403.7(2)6(7) Outdoor retail sales events associated with an existing Such sales are limited to a maximum of four days per calendar year with no more 9
business than four occurrences per parcel per year. 403.7.36(8) Seasonal sales (Christmas trees, Halloween pumpkins, civic group merchandise) Such uses are limited to a maximum of 90 days per calendar year with no more than 30 days per occurrence, or three occurrences per parcel per year. 403.7.46(9) Seasonal sales (fireworks) Such sales are limited to a maximum of 30 days per calendar year with no more than one occurrence per parcel per year. 403.7.46(9) Special events (i.e., fairs, festivals, or similar outdoor events) not including grand openings Such uses are limited to a maximum of four days per event with a maximum of three occurrences per parcel per year. 403.7.56(10) Temporary assembly site for day workers Permitted initially for not more than two years after the date of town council approval, with up to three one-year extensions granted by town council. No further extensions will be granted for such use on same site. 403.7.66(11) Private farmers' market Such uses on private property are limited to a maximum of one day per week not to exceed seven hours per day. 403.7.76(12) Temporary family medical care structure Indefinite based on need. 403.7.86(13) Grand openings Maximum of 60 consecutive days 403.7.96(14) 4. Section 78-403.4, No temporary use permit required, Zoning Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: 10
Sec. 78-403.4. No temporary use permit required. The following events or activities may occur without a temporary use permit, provided that any one activity occurs no more than four times per calendar year at the same site. Such activities are subject to all other applicable procedures and standards of this chapter. (1) Sidewalk sales of cookies, candy, baked goods, or similar small items by civic or nonprofit organizations on commercial properties in areas devoted to pedestrian use provided that: a. A safe and adequate passageway for pedestrians is maintained during the event; b. The activity is limited to eight hours per day; and c. All tables, chairs and other furniture or equipment associated with the event are secured overnight. (2) Temporary uses located on town rights-of-way or town property shall be approved by the town manager. (3) Temporary parking for events lasting up to four days, subject to prior approval from the Town of Herndon Police Department. If the use is to utilize off-site parking, the following information must be submitted to the zoning administrator: a. A letter of consent from the property owner or legal agent of the property to be used; and b. A description of how attendees will access safely the temporary use from the off-site parking. (4) Portable storage unit on-site for up to 16 days. A property owner or tenant may rent and use a portable storage unit on residential property in accordance with provisions in section 78-403, and when the following conditions are met: a. The unit is no larger than eight feet by eight feet by sixteen feet. b. There are no more than two portable storage units for any address at any one time. c. The portable storage unit is used only for the temporary storage of household goods and related items. The portable storage unit may not be used for construction materials or waste. d. The portable storage is not placed on the property as an accessory structure. e. The portable storage unit is placed on an impervious surface. 11
f. On duplex, townhouse, quadruplex, or multi-family properties, placement of the unit must be approved by an appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, driveways, and pedestrian pathways and to ensure that the unit does not obstruct emergency access or infringe on required landscaped areas. g. The department of community development is notified at least one business day prior to placing the unit on the site. (5) Roll-off dumpster on residential property. A property owner or tenant may rent and use a roll-off dumpster on residential property in accordance with provisions of section 78-403, and when the following conditions are met: a. The department of community development is notified at least one business day prior to placing the unit on the site. b. The unit is placed on the site for the allowable time frame specified in Table 78-403.4(5). c. The unit has a maximum capacity of 30 cubic yards, or is no larger than eight feet by eight feet by sixteen feet. d. The dumpster is used only for disposal of acceptable waste. Examples of waste that are not acceptable include refrigerators, a/c units, tires, batteries, car parts, hazardous waste, gas and propane tanks, dirt, rock, concrete, roofing, railroad ties, and other high density materials. e. On duplex, townhouse, quadruplex, or multi-family properties, placement of the unit must be approved by an appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, driveways, and pedestrian pathways and to ensure that the unit does not obstruct emergency access or infringe on required landscaped areas. TABLE 78-403.4(5): ALLOWABLE TIME FRAME FOR ROLL-OFF DUMPSTERS ON RESIDENTIAL PROPERTY For Site Improvements That Require: Allowable Time Frame for Initial Occurrence Extension of Time, per Occurrence Maximum Duration, for All Occurrences Combined Other Requirements a. No building permit 2 consecutive weeks None 4 weeks within any calendar year 12
b. Building permit only 6 consecutive weeks 12 weeks within any calendar year c. Building permit and building location survey 8 consecutive weeks 16 weeks within any calendar year d. building permit and single lot development plan 10 consecutive months 2 months 12 months Two extensions permitted; each extension of time is subject to approval by the zoning administrator based upon: (i) a written request by the property owner indicating why the additional time is required, and (ii) upon an inspection of the site by the zoning administrator to determine whether or not the dumpster appears to be creating any off-site nuisances, such as but not limited to odors and insects. e. Building permit and an approved subdivision site plan 10 consecutive months Yes No limit extension of time is subject to approval by the zoning administrator based upon: (i) a written request by the property owner indicating why the additional time is required, and (ii) upon an inspection of the site by the zoning administrator to determine whether or 13
not the dumpster appears to be creating any off-site nuisances, such as but not limited to odors and insects. 5. Section 78-403.5, Prohibited temporary uses in public rights-of-way and on other town property, Zoning Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Sec. 78-403.5. 78-403.4 Prohibited temporary uses in public rights-of-way and on other town property. Retail sales or display of goods, products, or services and any associated signage within the public right-of-way or on other town property is prohibited except as part of a town-recognized event or as authorized by the town manager. See also the Herndon Town Code, section 66-1, obstructing streets and sidewalks. 6. Section 78-403.5, General standards for all temporary uses and structures, Zoning Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Sec. 78-403.6. 78-403.5 General standards for all temporary uses and structures. All temporary uses and structures shall meet the following general requirements, unless otherwise specified in this chapter: (1) The temporary use shall not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare. There shall be no damage to public or private property beyond normal wear or tear. There shall be no unusual risk of injury to persons. 7. Section 78-403.6, Specific standards for certain temporary uses and structures, Zoning Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Sec. 78-403.7. 78-403.6 Specific standards for certain temporary uses and structures. 14
In addition to the general standards for all temporary uses described in section 78-403.6, certain temporary uses shall also be required to meet the following requirements. (1) Sidewalk sales of cookies, candy, baked goods, or similar small items by civic or nonprofit organizations on commercial properties in areas devoted to pedestrian use provided that: a. A safe and adequate passageway for pedestrians is maintained during the event; b. The activity is limited to eight hours per day; and c. All tables, chairs and other furniture or equipment associated with the event are secured overnight. (2) Temporary uses located on town rights-of-way or town property shall be approved by the town manager. (3) Temporary parking for events lasting up to four days, subject to prior approval from the Town of Herndon Police Department. If the use is to utilize off-site parking, the following information must be submitted to the zoning administrator: a. A letter of consent from the property owner or legal agent of the property to be used; and b. A description of how attendees will access safely the temporary use from the off-site parking. (4) Portable storage unit on-site for up to 16 days. A property owner or tenant may rent and use a portable storage unit on residential property in accordance with provisions in section 78-403, and when the following conditions are met: a. The unit is no larger than eight feet by eight feet by sixteen feet. b. There are no more than two portable storage units for any address at any one time. c. The portable storage unit is used only for the temporary storage of household goods and related items. The portable storage unit may not be used for construction materials or waste. d. The portable storage is not placed on the property as an accessory structure. e. The portable storage unit is placed on an impervious surface. f. On duplex, townhouse, quadruplex, or multi-family properties, placement of the unit must be approved by an appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, 15
driveways, and pedestrian pathways and to ensure that the unit does not obstruct emergency access or infringe on required landscaped areas. g. The department of community development is notified at least one business day prior to placing the unit on the site. (5) Roll-off dumpster on residential property. A property owner or tenant may rent and use a roll-off dumpster on residential property in accordance with provisions of section 78-403, and when the following conditions are met: a. The department of community development is notified at least one business day prior to placing the unit on the site. b. The unit is placed on the site for the allowable time frame specified in Table 78-403.4(5). c. The unit has a maximum capacity of 30 cubic yards, or is no larger than eight feet by eight feet by sixteen feet. d. The dumpster is used only for disposal of acceptable waste. Examples of waste that are not acceptable include refrigerators, a/c units, tires, batteries, car parts, hazardous waste, gas and propane tanks, dirt, rock, concrete, roofing, railroad ties, and other high density materials. e. On duplex, townhouse, quadruplex, or multi-family properties, placement of the unit must be approved by an appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, driveways, and pedestrian pathways and to ensure that the unit does not obstruct emergency access or infringe on required landscaped areas. TABLE 78-403.6(5): ALLOWABLE TIME FRAME FOR ROLL-OFF DUMPSTERS ON RESIDENTIAL PROPERTY For Site Improvements That Require: Allowable Time Frame for Initial Occurrence Extension of Time, per Occurrence Maximum Duration, for All Occurrences Combined Other Requirements a. No building permit 2 consecutive weeks None 4 weeks within any calendar year b. Building permit only 6 consecutive 12 weeks within any 16
weeks calendar year c. Building permit and building location survey 8 consecutive weeks 16 weeks within any calendar year d. building permit and single lot development plan 10 consecutive months 2 months 12 months Two extensions permitted; each extension of time is subject to approval by the zoning administrator based upon: (i) a written request by the property owner indicating why the additional time is required, and (ii) upon an inspection of the site by the zoning administrator to determine whether or not the dumpster appears to be creating any off-site nuisances, such as but not limited to odors and insects. e. Building permit and an approved subdivision site plan 10 consecutive months Yes No limit extension of time is subject to approval by the zoning administrator based upon: (i) a written request by the property owner indicating why the additional time is required, and (ii) upon an inspection of the site by the zoning administrator to determine whether or not the dumpster appears to be creating 17
any off-site nuisances, such as but not limited to odors and insects. (1)(6) Temporary office facilities. Temporary facilities used as sales/leasing offices, including those located in a model unit of a residential project, or used during construction to expand or replace a permanent building, may be permitted on the same site as the permanent use. Sales offices may be established for presales or leasing prior to construction of the project. (2) (7) Construction-related activities. a. On-site temporary construction-related activities, including construction offices, indoor and outdoor storage, fencing, portable toilets and parking may occur on the same site as the construction project without obtaining a temporary use permit. Such uses shall not begin prior to approval of a site plan, subdivision site plan or single lot development plan for the construction project and shall be removed within 30 days after termination of the building permit or issuance of a final certificate of occupancy. b. Off-site temporary construction-related activities, including construction offices, indoor and outdoor storage, fencing, portable toilets and parking may be located on a site that is nearby the construction site with approval of a temporary use permit. Upon removal of the construction use, the site shall be restored to its previous condition. 1. Temporary construction-related activities may be located on a site that is nearby the construction site with approval of a temporary use permit. such uses shall not begin prior to approval of a site plan, subdivision site plan or single lot development plan for the construction project and shall be removed within 30 days after termination of the building permit or issuance a final certificate of occupancy. The site shall be restored to its previous condition. 2. Such temporary activities may remain on the site for up to 12 months. This period may be renewed for two 12-month periods, for good cause shown, upon approval of a written request, submitted to the zoning administrator 30 days prior to the expiration of the permit. In no event, however, shall such extensions allow these temporary activities to remain on the site for more than three years. (3)(8) Outdoor retail sales events associated with an existing business. a. An outdoor retail sales event shall take place on an improved site where the principal use is retail sales, or on an immediately adjacent site. 18
(4)(9) Seasonal sales. Notwithstanding the specific use regulations of the individual commercial and industrial zoning districts enumerated in this chapter, the following uses may be permitted on a temporary basis when such uses are in conformance with the regulations of section 78-403, Temporary uses and structures, and (i) on property located within any commercial or industrial zoning district; or (ii) on the property of non-residential special exception uses located in residential districts: (5)(10) Special events requiring a temporary use permit, not including grand openings. Temporary special events lasting no more than four days, including but not limited to cultural events, musical events, celebrations, festivals, fairs, carnivals, circuses, and communal camping held on private property within the town, unless exempted pursuant to section 78-403.4, No temporary use permit required, shall comply with the following standards: (6)(11) Temporary assembly site for day workers. A temporary assembly site for day workers must conform to all of the following conditions, in addition to any specifically imposed conditions. (7)(12) Private farmers' markets. Private farmers' markets on private property within the town, unless exempted pursuant to section 78-403.5, shall comply with the following standards: (8)(13) Temporary family health care structures. a. Temporary family health care structures (i) for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned or occupied by the caregiver as one's residence is a permitted accessory use as the primary structure in any single-family residential zoning district on lots zoned and used for single-family detached dwellings (R-15, R-10, PD-R [as appropriate], PD-TD and PD-D [as appropriate]). Such structures shall not require a special exception permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures, except as otherwise provided in this subsection (8). Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Only one temporary family health care structure shall be allowed on a lot or parcel of land. 19
(9)(14) Grand openings. On properties zoned CC, CS, CO, PD-B, PD-D, PD-TD, PD- TOC, PD-W and O&LI each business, not including home-based businesses, commencing operations at a new address within the town, or a business that has undergone significant structural alteration necessitating the submission of a site plan, or any change necessitating a new business license, on or after January 1, 2011 may hold one grand opening event. Applications for a temporary use permit must be received by the town within eight months of the business opening to the public or, in the case of structural alterations, final occupancy being granted by the building official. Grand openings shall comply with the follow standards: 8. This ordinance is effective on and after the date of its adoption. 20