ZOAM 2013-0008, Bed And Breakfast, Country Inn, and ...

Date of Meeting: March 21, 2014

# 2

BOARD OF SUPERVISORS

TRANSPORTATION AND LAND USE COMMITTEE

ACTION ITEM

SUBJECT: ZOAM 2013-0008, Bed And Breakfast, Country Inn, and

Banquet/Event Facility Zoning Ordinance Amendment

ELECTION DISTRICT: Countywide

CRITICAL ACTION DATE: At the Pleasure of the Board

STAFF CONTACT(S): Mark Depo, Planner, Zoning Administration

Nicole C.E. Dozier, Zoning Administrator

Mike Seigfried, Acting Director, Building and Development

BACKGROUND: The Board of Supervisors (Board) held a public hearing on ZOAM 2013-

0008 on March 12, 2014. There were 9 members of the public that spoke at the hearing. At the

conclusion of the public hearing, the Board voted (8-0-1, Supervisor Higgins absent) to forward

the subject amendment to the March 21, 2014 Transportation Land Use Committee (TLUC)

meeting for further discussion.

The issues of concern expressed by the speakers included: 1) 14-Day Separation; 2) Number of

Events (Private Parties); 3) Setbacks; 4) Hours of Operation 5) Process; 6) Historic Sites

Exemption; and 7) Roads/Access.

1. 14-Day Separation

One speaker was concerned with large gatherings (private parties) held by a Bed and Breakfast

(B&B) use or Country Inn use being subject to the current Zoning Ordinance requirement where

“a minimum of 14 days shall lapse between such gatherings.”

ZOAM 2013-0008 proposes to remove the 14-day separation requirement for private parties held

by a B&B Inn and Country Inn.

2. Number of Events (Private Parties)

Several of the speakers were in favor and one speaker against increasing the number of private

parties (weddings, receptions, private parties, meetings, and similar activities) for a B&B and

Country Inn from 10 to 15 private parties per calendar year. The current regulations do allow

additional private parties to be held in accordance with Section 5-642, Banquet/Event Facility,

with the approval of a Minor Special Exception.

Item #2: ZOAM 2013-0008: B&B, Country Inn, Banquet/Event Facility

Transportation and Land Use Committee meeting

March 21, 2014

ZOAM 2013-0008 proposes to allow:

1) Bed and Breakfast Homestay (which allows 1-3 guest rooms and daily private parties

of 10 attendees, including overnight guests, and is considered accessory to the

residential use where the owner must reside in the establishment) to hold private

parties of more than 10 attendees, including overnight guest, 10 times per calendar year

subject to Section 5-500(C), Special Events;

2) Bed and Breakfast Inn (which allows 1-10 guest rooms and daily private parties of 25

attendees, including overnight guests, with a minimum lot size of 5 acres where the

owner or manager must provide full-time management of the establishment) to hold

private parties of more than 25 attendees, including overnight guest, 15 times per

calendar year; and

3) Country Inn (which allows 1-30 guest rooms and daily private parties of 50 attendees,

including overnight guests, with a minimum lot size of 20 acres where the owner or

manager must provide full-time management of the establishment) to hold private

parties of more than 50 attendees, including overnight guest, 15 times per calendar year.

Staff does not support the increase to 15 private parties per year for a B&B Homestay, B&B Inn,

or Country Inn without some level of public/neighbor review and comment that would occur

during a minor special exception or special exception application. Staff also has concerns with

the additional 200+ trips generated for each private party, the adequacy of the road system to

handle the additional traffic generated; the noise, sound, traffic, and light impact to adjacent

neighbors and to a development/community; and the impact to well/septic systems to support up

to 150 or 200 attendees per private party, that would occur without proper review and input.

Staff does not support 15 private parties per year as an accessory function of a B&B or Country

Inn use. It has been determined and applied in practice that 10 private parties is an accessory use

to a B&B and Country Inn. To exceed 10 private parties per year is no longer considered

accessory to a B&B and Country Inn but is considered a separate principal use, such as a

Banquet/Event Facility. The private parties become a primary use and purpose for which the

property is designed, arranged or intended to be used. The limitation on the number of private

parties as an accessory use is further established with the allowance of a property to host no more

than 10 Special Events per calendar year, pursuant to Section 5-500(C) and the issuance of a

Temporary Zoning Permit.

If the TLUC supports the 15 events per year for a B&B Homestay, B&B Inn, or Country Inn,

Staff recommends including the current language which would require additional private parties,

above the 15 allowed, in accordance with Section 5-642, Banquet/Event Facility, with the

approval of a Minor Special Exception. This would allow for public input and provide for a more

thorough review process to address possible concerns on a case by case basis.



March 21, 2014

3. Setbacks

Several speakers were concerned with the ability to meet the ZOAM 2013-0008 proposed

setback requirements for a B&B Inn. ZOAM 2013-0008 proposes the B&B Inn, Country Inn and

Banquet/Event Facility uses require a use and parking setbacks of 100 feet and outside private

party setback of 200 feet.

Staff does not support a reduction in setbacks for the B&B Inn, Country Inn or Banquet/Event

Facility uses, particularly the setbacks for the outdoor private party areas and activities as it

relates to noise. One speaker supported, and Staff recommends, that the proposed setbacks

provided in the November 19, 2013 Planning Commission Public Hearing draft, as outlined in

Table 1 below, are necessary to lessen the impact of the noise on adjacent properties and to

ensure the required 55 dB(A) is achieved

Table 1: Minimum Setbacks

Use Minimum Setback

Bed and Breakfast

Homestay Equivalent to the zoning district setback requirements.

Bed and Breakfast Inn

Private party areas, not located within the principal

structure, shall be setback 200 feet from all lot lines or 100

feet from a lot line of an adjacent commercial use.

Country Inn

Use, parking and private party areas shall be setback 250

feet minimum from all lot lines or 100 feet from a lot line

of an adjacent commercial use.

Banquet/

Event Facility

Use shall be setback 200 feet from lot lines. Outdoor areas

and parking shall be setback 300 feet from all property

lines. The Board may increase outdoor area setback.

In addition to the issues of noise impact, the additional setback reduces the visual impact (traffic,

lighting, parked vehicles, permanent/temporary accessory structures, portable toilets, etc.) of the

private party areas from adjacent residential use. Staff believes the adjacent neighbor should be

provided the opportunity to comment on possible impacts that are not typically accessory to a

residential use. Rather than outright reducing all setbacks, Staff believes that individual

modifications of the setback requirements of the Additional Regulations which may be approved

by the Board through the Minor Special Exception process would allow for greater public input

and provide for a more thorough review process to address possible concerns.

4. Hours of Operation

One speaker did not support the ZOAM 2013-0008 proposal regarding the hours of operation for

a B&B Homestay, B&B Inn, Country Inn and Banquet/Event Facility. The speaker was in favor

of maintaining the November 19, 2013 Planning Commission Public Hearing draft that states,

“No music or outdoor activities shall be permitted between 11 PM and 10 AM on Friday,



March 21, 2014

Saturday, and any evening preceding a holiday recognized by Loudoun County, and between

10 PM and 10 AM on any other day.”

ZOAM-2013-0008 recommends that no music or outside private parties shall be permitted

between 12 AM (midnight) and 7 AM for a B&B Homestay, B&B Inn, Country Inn and

Banquet/Event Facility.

Staff recommends revising the 11/19/2013 Planning Commission Public Hearing text to state

“where no outdoor music or private parties, in excess of the permitted number of daily attendees,

shall be permitted between 11 PM and 10 AM on Friday, Saturday, and any evening preceding a

holiday recognized by Loudoun County, and between 10 PM and 10 AM on any other day” for a

B&B Homestay, B&B Inn, and Country Inn. Other Section 5-600 Additional Regulations for

Specific Uses, such as a Rural Retreats and Resorts, Small Businesses, Commercial Winery,

Agricultural support Use, Animal Hospital, Fairground, Conference and Training Centers, Camp,

Day and Boarding, Campgrounds, Outdoor Amphitheater, Antique Shop/Craft Shop, and

Auction House do not allow outdoor music after 11:00 PM. Staff recommends that the current

standards for a Banquet/Event Facility use be maintained to be consistent with the standards for

other uses and to reduce the impact, such as noise, lighting, and visibility from adjacent

properties.

5. Process

Several speakers were concerned with the cost and difficulty of the process to obtain an approval

to operate a B&B Inn and Country Inn. A speaker spoke of an excessive amount of money and

time necessary to establish a B&B Inn and Country Inn.

ZOAM 2013-0008 proposes that a B&B Homestay obtain a Zoning Permit. The ZOAM also

proposes several reclassification or designation revisions that will significantly reduce the cost

and time to obtain approval to operate a B&B Inn, Country Inn, and Banquet/Event Facility use.

These include several reclassifications of a previous Special Exception use to a Minor Special

Exception use or Permitted use or the reclassification of a previous Minor Special Exception use

to a Permitted use. Additionally, where a B&B Inn is proposed to be permitted by-right, only a

sketch plan is required for land disturbance of less than 5,000 square feet as opposed to a Site

Plan (STPL) or Rural Economy Site Plan (REST).

Additionally, the current regulations require a B&B and Country Inn to obtain a Zoning Permit

for each private party, not to exceed 10 per calendar year. Additional private parties, above the

10 allowed, may be held in accordance with Section 5-642, Banquet/Event Facility, with the

approval of a Minor Special Exception. ZOAM 2013-0008 proposes that the private parties

(recommended to increase from 10 to 15 per calendar year) be processed as a single Zoning

Permit application/process.



March 21, 2014

6. Historic Sites Exemption

One speaker supported allowing individual historic properties to be subject to the Historic Site

District or Historic and Cultural Conservation District exemptions of Section 5-601(A)(7) and 5-

601(B)(8). The Zoning Ordinance currently provides relief for a B&B and Country Inn structure

within a Historic Site District or Historic and Cultural Conservation District, as follows:

“A structure existing prior to January 7, 2003, located within an Historic Site District or

Historic and Cultural Conservation District may be used as a Bed & Breakfast and shall be

exempt from the minimum lot area, yard and floor area ratio requirements specified above,

provided that any expansion or enlargement of such structure shall not exceed 15% of the

total floor area existing prior to January 7, 2003 unless a greater expansion is approved by

minor special exception pursuant to section 6-1300.” [Section 5-601(A)(7) and 5-601(B)(8)]

The draft text includes the existing Historic Site District or Historic and Cultural Conservation

District standard within the B&B Inn and Country Inn sections. Both the Staff and the ZOAG

determined that the inclusion of individual historic properties, the process necessary to review

historic designation, and the determination of eligibility for historic designation required

additional review and therefore was not included in the ZOAM 2013-0008. However, ZOAG

decided to further evaluate a revision to the above section regarding Historic Site District or

Historic and Cultural Conservation District as part of their future work plan.

7. Roads/Access

One speaker did not support the ZOAM 2013-0008 proposal regarding a Country Inn and

Banquet/Event Facility to be located on a publicly maintained road and, if not located on a

publicly maintained road, to require documentation demonstrating that the easement may be used

to support the establishment which are the same requirements of a B&B Homestay and B&B Inn.

The speaker supported the November 19, 2013 Planning Commission Public Hearing draft

requiring a Country Inn and Banquet/Event Facility to be located on a paved publicly maintained

road.

Staff also supports requiring a Country Inn and Banquet/Event Facility to be located on a paved

publicly maintained road. These uses are anticipated to provide a higher trip generation due to

their daily functions. The smaller gravel surface roads in the County, which are often single lane

and poorly maintained, are not designed to safely accommodate the traffic volume of the larger

delivery vehicles needed to support these uses and the higher traffic volumes generated by such

uses. A modification of any of the Additional Regulations, including the requirement to be

located on a paved, publicly maintained road and the Road Access Standards, may be approved

by the Board of Supervisors, through the Minor Special Exception process which allows public

input and provides for a more thorough review process to address possible concerns on a case by

case basis.



March 21, 2014

DRAFT MOTIONS:

1. I move that the Transportation Land Use Committee forward ZOAM 2013-0008, Bed And

Breakfast, Country Inn, and Banquet/Event Facility Zoning Ordinance Amendment, to the

April 16, 2014 Board of Supervisors Business Meeting for action.

OR

2. I move that the Transportation and Land Use Committee forward ZOAM 2013-0008, Bed

And Breakfast, Country Inn, and Banquet/Event Facility Zoning Ordinance Amendment, to

a future Transportation and Land Use Committee Meeting for further discussion.

OR

3. I move an alternate motion.

ATTACHMENT:

1. March 12, 2014 Public Hearing Staff Report with Attachments

DEPARTMENT OF Date of Hearing: March 12, 2014 BUILDING AND DEVELOPMENT STAFF REPORT

# 13

BOARD OF SUPERVISORS PUBLIC HEARING

SUBJECT: ZOAM 2013-0008, Bed And Breakfast, Country Inn, and Banquet/Event Facility Zoning Ordinance Amendment

ELECTION DISTRICT: Countywide CRITICAL ACTION DATE: At the Pleasure of the Board STAFF CONTACTS: Mark Depo, Planner, Zoning Administration Nicole C.E. Dozier, Zoning Administrator Mike Seigfried, Acting Director, Building and Development APPLICANT: Loudoun County Board of Supervisors PURPOSE: The purpose of this application is to amend the Revised 1993 Loudoun County Zoning Ordinance (the “Zoning Ordinance”) to Establish the Bed and Breakfast Homestay Use; Create Additional Regulations (“Standards”) for the Bed and Breakfast Homestay; Rename the Bed and Breakfast Use to the Bed and Breakfast Inn; Revise Standards for the Bed and Breakfast (Inn); Revise the Standards for the Country Inn and Banquet/Event Facility Uses; and Revise the Standards for Special Events, Sketch Plan, and Road Access Standards. The amendment is a continuation of the County’s efforts to encourage additional economic development opportunities and proposes revisions recommended by Stakeholders/Public during the Package 1 amendments. RECOMMENDATIONS: At the February 4, 2014 work session, the Loudoun County Planning Commission voted 8-0-1 (Ruedisueli absent) to forward ZOAM 2013-0008 to the Board of Supervisors with a recommendation of approval, based upon the draft text dated October 30, 2013, as contained in the Planning Commission’s November 19, 2013 public hearing Staff Report and as further amended at the January 23, 2014 and February 4, 2014 Planning Commission work sessions, as provided in Attachment 1. Staff concurs with a majority of the Planning Commission recommendations. However, Staff recommends further discussion of the issues identified in the Issues section of the Staff Report.

CONTENTS OFTHIS STAFF REPORT Section Page Section Page

Recommendations 1 PC Review and Recommendation 11 Suggested Motions 2 Issues 14 Executive Summary 2 Zoning Ordinance Criteria for Approval 21 Background 3 Recommended Text 22 Applicability 4 Fiscal Impact 22 Summary of Proposed Text Changes 5 Attachments 22 Referrals Comments 8

Item 13 ZOAM 2013-0008 B&B, Country Inn, Banquet/Event Facility

Board of Supervisors Public Hearing March 12, 2014

Page 2

SUGGESTED MOTIONS:

1. I move that the Board of Supervisors forward ZOAM-2013-0008, Bed And Breakfast, Country Inn, and Banquet/Event Facility Zoning Ordinance Amendment, to the Transportation and Land Use Committee Meeting for further discussion.

OR

2. I move that the Board of Supervisors forward ZOAM 2013-0008, Bed And Breakfast, Country Inn, and Banquet/Event Facility Zoning Ordinance Amendment, to the April 2, 2014 Board of Supervisors Business Meeting for action.

OR

3a. I move that the Board of Supervisors suspend the rules.

AND

3b. I move that the Board of Supervisors approve ZOAM 2013-0008, Bed And Breakfast, Country Inn, and Banquet/Event Facility Zoning Ordinance Amendment, as set forth in Attachment 1 of the Staff Report for the March 12, 2014 Board of Supervisors Public Hearing.

OR

4. I move an alternate motion.

I. EXECUTIVE SUMMARY Pursuant to a Resolution of Intent to Amend, adopted by the Board of Supervisors (“Board”) on October 16, 2013 [Attachment 2], a Zoning Ordinance Amendment (ZOAM 2013-0008) to the Revised 1993 Loudoun County Zoning Ordinance (the “Zoning Ordinance”) is proposed to Establish the Bed and Breakfast Homestay Use; Create Standards for the Bed and Breakfast Homestay; Rename the Bed and Breakfast Use to the Bed and Breakfast Inn; Revise Standards for the Bed and Breakfast (Inn); Revise the Standards for the Country Inn (no Restaurant and with Restaurant) and Banquet/Event Facility Uses; and Revise the Standards for Special Events, Sketch Plan, and Road Access Standards. ZOAM 2013-0008 currently proposes amendments to the following sections of the Zoning Ordinance:

Section 2-100, AR-1, Agricultural Rural-1 Section 2-200, AR-2, Agricultural Rural-2 Section 2-300, A-10, Agriculture Section 2-400, A-3, Agricultural Residential



Page 3

Section 2-500, CR-1, Countryside Residential-1 Section 2-600, CR-2, Countryside Residential-2 Section 2-700, CR-3, Countryside Residential-3 Section 2-800, CR-4, Countryside Residential-4 Section 2-900, RC, Rural Commercial Section 2-1000, JLMA-1, Joint Land Management Area-1 Section 2-1100, JLMA-2, Joint Land Management Area-2 Section 2-1200, JLMA-3, Joint Land Management Area-3 Section 2-1300, JLMA-20, Joint Land Management Area-20 Section 2-1400, TR-10, Transitional Residential - 10 Section 2-1500, TR-3, Transitional Residential-3 Section 2-1600, TR-2, Transitional Residential - 2 Section 2-1700, TR-1, Transitional Residential - 1 Section 3-100, R-1, Single Family Residential Section 3-200, R-2, Single Family Residential Section 4-900, PD-CV, Planned Development – Countryside Village Section 4-1200, PD-RV, Planned Development - Rural Village Section 4-1350 PD-MUB, Planned Development-Mixed Use Business Section 5-500 Temporary Uses/Zoning Permits Section 5-600, Additional Regulations for Specific Uses Section 5-1100, Off-Street Parking and Loading Requirements Section 6-700, Site Plan Review Article 8, Definitions

The current draft text of ZOAM 2013-0008 is included as Attachment 1. II. BACKGROUND In 2012, a group of interested stakeholders from a variety of professional organizations (the “Stakeholders”) met with Department of Planning and Zoning Administration staff several times to discuss changes to the Zoning Ordinance that would encourage economic development. The Stakeholders identified over 250 issues they felt hindered business activity and/or impeded economic development, and subsequently, generated 14 topic areas of amendments intended to make the Zoning Ordinance more business-friendly. The Stakeholders requested these amendments be acted on by the Board of Supervisors prior to the end of 2012. On July 17, 2012, the Board grouped the 14 topic areas into three separate “packages” of amendments based on economic development impact and the amount of research necessary to fully address each topic to proceed sequentially. At the January 2, 2013 Business Meeting, the Board voted 8-0-1 (Clarke absent for the vote) to direct Staff to proceed with the revisions to the amendments labeled as “Package 2” as proposed by the Transportation Land Use Committee (“TLUC”) and to prepare future Resolutions of Intent to Amend as work proceeded on the various amendments. The amendments labeled as “Package 1” (ZOAM 2012-0002) were approved on January 16, 2013 by a vote of 8-0-1 (Reid absent for the vote) with an effective date of February 1, 2013. At the January 16, 2013 Business Meeting, the Board also voted 8-0-1 (Reid absent for the vote) to amend the Package



Page 4

2 amendments to include: 1) adding data centers to the Zoning Ordinance (ZOAM-2013-0003); 2) reclassifying certain special exception (SPEX) uses to permitted uses in the commercial and industrial districts (ZOAM-2013-0004); 3) revising the standards for bed and breakfasts (ZOAM-2013-0008); and 4) additional amendments to the CLI zoning district (ZOAM-2013-0007). The Board forwarded ZOAM 2013-0008 to the Zoning Ordinance Action Group (“ZOAG”), a Board appointed committee established to review zoning ordinance amendments, for review and recommendation. On January 9, 2013, the ZOAG created the Bed and Breakfast (“B&B”) Sub-Committee, to review three main issues associated with B&B type uses: 1) cost and approval process, 2) performance standards, and 3) streamlining the process. The B&B Sub-Committee, including Zoning Administration staff, held its first meeting on February 20, 2013. Due to the commonality between B&B type uses and the Country Inn and Banquet/Event Facility uses, the B&B Sub-Committee recommended that both the Country Inn and Banquet/Event Facility uses be added to ZOAM 2013-0008. Following several subsequent meetings during which the B&B Sub-Committee discussed in detail the hierarchy of B&B type uses, the number of private parties acceptable for such facilities to host, and appropriate Additional Regulations, such as minimum lot size, setbacks and road access, the B&B Sub-Committee forwarded its recommendations to the ZOAG in order to gain input and comments from the ZOAG at their July 10, 2013, and September 11, 2013, meetings. The ZOAG supported the B&B Sub-Committee’s recommendations. Several of the ZOAG’s recommendations were incorporated into ZOAM 2013-0008. ZOAM 2013-0008, represents a portion of the Package 2 zoning ordinance amendments and proposes to: 1) Establish a new “Bed and Breakfast Homestay” use, with appropriate Additional Regulations and definition; 2) Rename the existing use “Bed and Breakfast” as “Bed and Breakfast Inn,” and revise associated Additional Regulations; 3) Revise the Additional Regulations for the use “Country Inn” (no restaurant and with restaurant); 4) Revise the Additional Regulations for the use “Banquet/Event Facility;” 5) Revise the Temporary Uses/Zoning Permits regulations in regard to B&B type uses; and 6) Revise Site Plan/Sketch Plan requirements for B&B type uses. ZOAM 2013-0008 will apply countywide for properties subject to the Zoning Ordinance. On October 16, 2013, the Board of Supervisors adopted a Resolution of Intent to Amend the Zoning Ordinance to implement ZOAM 2013-0008. The Planning Commission held a public hearing on November 19, 2013, and held work sessions on January 23, 2014 and February 4, 2014. On February 4, 2014 the Planning Commission voted 8-0-1 (Ruedisueli absent) to recommend approval of ZOAM 2013-0008 with the Planning Commission proposed amendments. A summary of the Planning Commission’s review and recommendations is included in Section IV, below. III. APPLICABILITY ZOAM-2013-0008 will apply to properties zoned under the Revised 1993 Loudoun County Zoning Ordinance.



Page 5

IV. SUMMARY OF PROPOSED TEXT CHANGES Staff has developed the following summary of the changes proposed by ZOAM 2013-0008 which are organized by the following topic areas: A) Bed and Breakfast Homestay; B) Bed and Breakfast Inn; C) Country Inn; D) Banquet/Event Facility; E) Temporary Uses/Zoning Permits; F) Road Access Standards; and G) Site Plan Review (Sketch Plan). Staff notes that the Resolution of Intent to Amend is broad enough to allow the Planning Commission and/or the Board of Supervisors certain flexibility to revise, add or delete uses and make changes to requirements that may be different from the current draft text [Attachment 1]. A. BED AND BREAKFAST HOMESTAY

Establish Additional Regulations in Section 5-601 for the Bed and Breakfast Homestay use.

Establish an Article 8 definition for the Bed and Breakfast Homestay use. Confirm a Bed and Breakfast Homestay as an existing Permitted use in the A-10, A-3,

CR-1, CR-2, JLMA-1, JLMA-2, JLMA-3, TR-10, TR-3, TR-2, TR-1, R-1, R-2, PD-CV, and PD-RV zoning districts.

Add Bed and Breakfast Homestay as a new permitted use in the AR-1, AR-2, RC, and JLMA-20 zoning districts.

Require the owner of the premises to reside in and manage the Bed and Breakfast Homestay.

Permit 1-3 guest rooms. Comply with landscaping and screening standards of Section 5-653(A) to screen

outside private party areas, regardless the size of the adjacent property. Comply with parking and loading standards of Section 5-1102. Comply with exterior lighting standards of Section 5-652(A)(2)-(3). Allow a maximum of 10 attendees (including overnight guests) at private parties, daily. Allow 10 private parties for greater than 10 attendees (including overnight guests) per

calendar year, pursuant to Section 5-500(C) Special Events. Allow the hours for outdoor music (private parties) to be permitted between 7:00 AM

and 12:00 AM (midnight), all days of the week. Access from a publicly maintained roadway is not required. Standards may be modified through the Minor Special Exception process upon Board of

Supervisors reviewing individual property.

B. BED AND BREAKFAST INN Revise the name of the existing use “Bed and Breakfast” to “Bed and Breakfast Inn” Revise the “Bed and Breakfast” definition in Article 8 to “Bed and Breakfast Inn”. Reclassify Bed and Breakfast (Inn) from a Special Exception use to a Permitted use in

the A-10, A-3, TR-10, TR-3, and PD-CV (Village Core) zoning districts. Reclassify Bed and Breakfast Inn from a Special Exception use to a Minor Special

Exception use in the CR-1, CR-2, CR-3, JLMA-1, JLMA-2, JLMA-3, TR-2, TR-1, R-1, and R-2 zoning districts.



Page 6

Confirm a Bed and Breakfast Inn as an existing Permitted use in the AR-1, AR-2, PD-CV, and PD-RV zoning districts.

Add Bed and Breakfast Inn as a new Permitted use in JLMA-20 zoning district and as a new Minor Special Exception use in RC zoning district.

Require the owner/manager to provide full-time management of the Bed and Breakfast Inn. An owner/manager may live on the premises. Matches the current regulation.

Permit 1-10 guest rooms. Currently, 3-10 guest rooms are permitted. Require a minimum lot size of 5 acres. Currently, 3-7 guest rooms require a minimum

lot size of 5 acres and 8-10 guest rooms require a minimum lot size of 10 acres. Require a setback of 100 feet for parking and the Bed and Breakfast use and 200 feet

(100’ adjacent to commercial) for outside private party areas. Comply with landscaping and screening standards of Section 5-653(A) to screen

outside private party areas, regardless the size of the adjacent property. Currently, the use is subject to Section 5-653(A).

Comply with parking and loading standards of Section 5-1102. Matches the current regulation.

Comply with exterior lighting standards of Section 5-652(A)(1)-(3). Matches the current regulation.

Allow a maximum of 25 daily attendees (including overnight guests) at private parties. Currently, the number of attendees is based on the sleeping capacity of the facility.

Allow 15 private parties for greater than 25 attendees up to 150 attendees (including overnight guests) per calendar year. Currently, 10 private parties exceeding the sleeping capacity of the facility are allowed per calendar year.

No time period separation between private parties. Currently, a 14 day separation is required between private parties.

Annual permit for private parties exceeding the daily 25 attendees. Currently, a permit, pursuant to Section 5-500(C) Special Events, is required for each private party.

Expand the hours for outdoor music (private parties) to be permitted between 7:00 AM and 12:00 AM (midnight), all days of the week. Currently, no outdoor music is permitted between 11 PM and 10 AM Friday, Saturday, or proceeding a Loudoun County holiday and between 10 PM and 10 AM Sunday to Thursday.

Access from a publicly maintained roadway is not required. Amend Section 6-700 Site Plan to allow Bed and Breakfast Inn to be permitted with a

Sketch Plan instead of a site plan for disturbance of up to 5,000 square feet. Additional Regulations may be modified through the Minor Special Exception process

upon Board of Supervisors reviewing individual property. C. COUNTRY INN

Reclassify a Country Inn (no Restaurant) from a Special Exception Use to a Minor

Special Exception use in the A-10, A-3, CR-1, CR-2, CR-3, CR-4, JLMA-3, TR-10, and TR-3 zoning districts.

Confirm Country Inn (no Restaurant) as a Permitted use in the AR-1, AR-2, and PD-RV zoning districts.

Add Country Inn (no Restaurant) as a new Minor Special Exception use in the JLMA-20 and RC zoning districts.



Page 7

Add Country Inn with Restaurant as a new Minor Special Exception use in the AR-1, AR-2, and PD-RV zoning districts and as a new Special Exception use in the A-10, A-3, CR-1, CR-2, CR-3, CR-4, RC, JLMA-3, JLMA-20, TR-10, and TR-3 zoning districts.

Require the owner/manager to provide full-time management of the Country Inn. Matches the current regulation.

Reduce the maximum number of guest rooms permitted from 4-40 to 1-30 guest rooms. Reduce the minimum lot size from 25 acres to 20 acres. Require a setback of 100 feet for parking and the Country Inn use and 200 feet (100’

adjacent to commercial) for outside private party areas. Currently, the requirement is 250 feet (100’ adjacent to commercial) for use, private party areas and parking.

Comply with landscaping and screening standards of Section 5-653(A) to screen outside private party areas, regardless the size of the adjacent property. Currently, the use is subject to Section 5-653(A).

Comply with parking and loading standards of Section 5-1102. Matches the current regulation.

Comply with exterior lighting standards of Section 5-652(A)(1)-(3). Currently, subject to 5-652(A)(1)-(4).

Allow a maximum of 50 daily attendees (including overnight guests) at private parties. Currently, the number of attendees is based on the sleeping capacity of the facility.

Allow 15 private parties for greater than 50 attendees up to 200 attendees (including overnight guests) per calendar year. Currently, 10 private parties exceeding the sleeping capacity of the facility are allowed per calendar year.

No time period separation between private parties. Currently, a 14 day separation is required between private parties.

Expand the hours for outdoor music (private parties) to be permitted between 7:00 AM and 12:00 AM (midnight), all days of the week. Currently, no outdoor music is permitted between 11 PM and 10 AM Friday, Saturday, or proceeding a Loudoun County holiday and between 10 PM and 10 AM Sunday to Thursday.

Annual permit for private parties exceeding the daily 50 attendees. Currently, a permit, pursuant to Section 5-500(C) Special Events, is required for each private party.

Access from a publicly maintained roadway is not required. Additional Regulations may be modified through the Minor Special Exception process

upon Board of Supervisors reviewing individual property. D. BANQUET/EVENT FACILITY

Confirm a Banquet/Event Facility as a Minor Special Exception in the AR-1, AR-2 zoning

districts and as a Permitted use in the PD-MUB zoning district. Add Banquet/Event Facility as a new Minor Special Exception use in the A-10, A-3, CR-

1, CR-2, CR-3, CR-4, RC, JLMA-3, JLMA-20, TR-10, and TR-3 zoning districts. Reduce the minimum lot size from 25 acres to 20 acres. Require a setback of 100 feet for parking and the Country Inn use and 200 feet (100’

adjacent to commercial) for outside private party areas. Currently, the requirement is 200 feet for the use and 500 feet for outdoor areas and parking.

Comply with landscaping and screening standards of Section 5-653(A) to screen outside private party areas, regardless the size of the adjacent property. Currently, the



Page 8

use is subject to Section 5-653(A). Comply with parking and loading standards of Section 5-1102. Matches the current

regulation. Comply with exterior lighting standards of Section 5-652(A)(1)-(3). Matches the current

regulation. Allows for multiple events/parties – number of events/parties established at site plan or

special exception review. No time period separation between private parties. Matches the current regulation. Expand the hours for outdoor music (private parties) to be permitted between 7:00 AM

and 12:00 AM (midnight), all days of the week. Currently, no outdoor music is allowed after 11 PM and the hours of operation for the Banquet/Event Facility use is limited to 9 AM to 12 (midnight).

No additional permits necessary for events/parties. Access from a publicly maintained roadway is not required. Additional Regulations may be modified through the Minor Special Exception process

upon Board of Supervisors reviewing individual property.

E. TEMPORARY USES/ZONING PERMITS

Amends Section 5-500(C), Special Events, to allow Special Events within JLMA zoning districts.

F. ROAD ACCESS STANDARDS

Amend Section 5-654, Road Access Standards for Specific Uses, from an “Average

Generated Daily Vehicle Trips (VTD)” standard to a “Maximum Vehicles Per Day (VPD)” standard.

G. SITE PLAN REVIEW (Sketch Plan)

Amend Section 6-700, Sketch Plan, to add Bed and Breakfast Inn with Sketch Plan

rather than site plan (Rural Economy Site Plan) for land disturbance of less than 5,000 square feet.

Attachment 4 summarizes the zoning districts, reclassification (level of review) and Additional Regulations for the Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn and Banquet/Event Facility uses. V. REFERRAL COMMENTS The following is a summary of the comments received in response to the request for referral comments sent on September 20, 2013.



Page 9

ZONING ORDINANCE ACTION GROUP (ZOAG) [Attachment 3a] The ZOAG acted as a referral agent for ZOAM 2013-0008 and formed the B&B Sub-Committee to review the draft text and provide recommendations. The B&B Sub-Committee proposed several amendments that have been incorporated into the current draft text. [Attachment 1] ZOAG and Staff concur on the majority of changes proposed by ZOAM 2013-0008, however, there were seven issues (Daily Private Parties, Yearly Private Parties, Setbacks, Screening/Buffering, Roads/Access, Reclassification or Designation of Minor Special Exception Uses, and Reclassification of Banquet/Event Facility in AR-1 and AR-2 Zoning District from Minor Special Exception Use to Permitted Use) where Staff and ZOAG do not concur, as explained in the November 19, 2013 Planning Commission Public Hearing Staff Report (see Section VI; Attachment 3a, ZOAG Issues; and Attachment 5, Issues Matrix). COUNTY/STATE AGENCIES ZOAM 2013-0008 was sent to the following referral agencies for comments: Building and Development (B&D), Engineering; B&D, Environmental Review Team; B&D, Planning; B&D Zoning Permits; County Attorney’s Office; Department of Economic Development; Department of Planning, Community Planning; Department of Planning, Land Use Review; Transportation and Capital Infrastructure, Transportation; Virginia Department of Transportation (VDOT); Health Department; Fire and Rescue; and Zoning Ordinance Action Group (ZOAG). A summary of the referral comments received follows. BUILDING AND DEVELOPMENT (B&D), ENGINEERING [Attachment 3b] No objections to ZOAM 2013-0008.

PLANNING, COMMUNITY PLANNING [Attachment 3c]

The Department of Planning has the following concerns. Minor Special Exception vs. Special Exception Applications. Staff does not support the

proposal to allow Bed and Breakfast Inn and Country Inn by Minor Special Exception in the majority of the zoning districts. Staff finds that the current provisions of the Zoning Ordinance which permit Bed and Breakfast (Inn) and Country Inn by Special Exception provide the most thorough review process allowing the Planning Commission the ability to provide its recommendations and address public concerns through the legislative process.

Additionally the proposed amendments would permit Banquet/Event Facility by Minor

Special Exception in the A-10, A-3, JLMA-20, TR-10, TR-3 and PD-RV zoning districts.

Country Inn and Banquet/Event Facility Road Access. Staff supports requiring a Country

Inn and Banquet/Event Facility to be accessed by paved public roads due to the



Page 10

anticipated higher trip generation associated with the use. TRANSPORTATION AND CAPITAL INFRASTRUCTURE [Attachment 3d] The Department of Transportation and Capital Infrastructure (DTCI) has the following concerns. DTCI cannot support the proposed change to allow private parties for up to 15 events

per calendar year with up to 200 attendees at each event, as proposed by ZOAG through issuance of a single annual permit without a discretionary review and approval process, as is currently afforded to the Zoning Administrator under Section 5-500(C). DTCI is concerned with the intense trip-generating of the private parties permitted with access from an unpaved road, the widely varying physical characteristics and conditions of unpaved roads in the County, and that approval for private parties (special events) can currently be granted under Section 5- 500(C) of the Zoning Ordinance. DTCI recommends that such events be permitted only through a process such as is currently in place, or through approval of a Special Exception.

DTCI cannot support the proposal by ZOAG to allow Country Inns and

Banquet/Event Facilities on unpaved roads, regardless of the size of the use. DTCI supports Staff’s proposed text to allow Country Inns and Banquet/Event Facilities only on paved public roads, as the intensity and resulting higher traffic volumes generated by such uses, including delivery and service vehicles, can only be accommodated on such roadways.

Banquet/Event Facilities are similar to Country Inns with Restaurants with respect to

intensity of the use and resulting trip generation. As such, DTCI recommends that Banquet/Event Facilities be classified as Special Exception uses in all zoning districts in order to allow for site-specific review of impacts based on the scale and the intensity of the use.

Section 5-654, Road Access Standards for Specific Uses, is referenced in several of the

Zoning Ordinance sections to which changes are proposed. As such, DTCI reviewed Section 5-654 and recommends amending Section 5-654 from an “Average Generated Daily Vehicle Trips (VTD)” standard to a “Maximum Vehicles Per Day (VPD)” standard.

LOUDOUN COUNTY HEALTH DEPARTMENT

The definition of which B&B type uses are exempt from the State Food Code is below. By this definition a “Bed & Breakfast Inn” with more than 6 guest rooms would not be exempt and be required to have a kitchen that meets all the requirements of the State Food Code. “A bed-and-breakfast operation that prepares and offers food only to guests if the home is owner occupied, the number of available guest bedrooms does not exceed six, breakfast is the only meal offered, the number of guests served does not exceed 18, and the consumer is informed by statements contained in published advertisements, mailed



Page 11

brochures, and placards posted at the registration area that the food is prepared in a kitchen that is, by these regulations, exempt from this chapter.” FIRE AND RESCUE The Fire and Rescue Planning Staff concurs with Planning, Community Planning and Transportation and Capital Infrastructure comments and it is equally concerned with changes to current process that will allow facilities to host events by right or without the opportunity to thoroughly review the proposal through a legislative process. Staff is concerned about the increased amount of traffic that the events would generate. We would not be able to evaluate the adequacy of travel ways (width and conditions) providing access to the facility. Not just access and circulation of emergency vehicles to the facility is a concern, but also, some of the facilities we have reviewed in the past are not able to support two-way traffic creating a potential dangerous situation during an emergency as we are trying to access the facility while staff and guests are trying to exit. Availability of water for firefighting purposes is a concern and for an “existing” facility permitting seems a lot easier to obtain which is also a concern. We won’t know the conditions of said facilities or if they have fire protection equipment installed. Lack of fire protection systems and water for firefighting purposes is of significant concern based on previous experiences and some documented incidents in nearby jurisdictions. While, Staff appreciates the need for the facilities as Loudoun County grows to be an event destination, public safety cannot be compromised in order to achieve this goal. Therefore Fire and Rescue cannot support any changes to the current Zoning regulations that would allow these facilities to be established or increase the number of events on “existing” facilities without the opportunity to adequately review their proposal and provide recommendations to endure the safety of all involved. VI. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning Commission held a public hearing on ZOAM 2013-0008 on November 19, 2013. There were 6 members of the public that spoke at the hearing. The speakers included representatives of the ZOAG, Visit Loudoun, and the B&B industry operators. At the conclusion of the public hearing, the Planning Commission voted to forward the subject amendment to a work session for further discussion (9-0-0). The Planning Commission held two (2) work sessions on ZOAM 2013-0008. At the January 23, 2014 work session, the Planning Commission reviewed the Issues Matrix and the Planning Commission’s request for information from the November 19, 2013 Planning Commission public hearing. The Planning Commission’s discussion focused primarily on the outstanding issues of the Issues Matrix as discussed in the January 17, 2014 Memorandum to the Planning Commission. The Planning Commission’s recommendations are as follows: 1. Reclassification or Designation of Minor Special Exception Use

Supported the 11/19/2013 draft text to reclassify Bed and Breakfast Inn from a Special



Page 12

Exception use to a Minor Special Exception use in the CR-1, CR-2, CR-3, JLMA-3, JLMA-2, JLMA-1, R-1, R-2, TR-1, and TR-2 zoning districts.

Supported the 11/19/2013 draft text to add Bed and Breakfast Inn to the RC zoning district as a Minor Special Exception use.

Supported the 11/19/2013 draft text to reclassify Country Inn from a Special Exception use to a Minor Special Exception use in the A-10, A-3, CR-1, CR-2, CR-3, CR-4, JLMA-3, TR-10, and TR-3 zoning districts.

Supported the 11/19/2013 draft text to add Country Inn in the RC and JLMA-20 zoning districts as a Minor Special Exception use.

Supported the 11/19/2013 draft text to add Banquet/Event Facility in the A-10, A-3, JLMA-20, TR-10, TR-3, and PD-RV zoning districts as a Minor Special Exception use.

2. Reclassification of Banquet/Event Facility in AR-1 and AR-2 Zoning District from

Minor Special Exception Use to Permitted Use

Revised the 11/19/2013 draft text to reclassify the Banquet/Event Facility use from a Permitted use to a Minor Special Exception use in the AR-1 and AR-2 zoning districts. This decision maintains the current requirement of a Banquet/Event Facility use as a Minor Special Exception use in the AR-1 and AR-2 zoning districts which is also consistent with the existing and proposed legislative review requirements for a Country Inn with restaurant in the AR-1 and AR-2 zoning districts.

3. Daily Private Parties

Supported the 11/19/2013 draft text allowing 10 daily attendees, including overnight guests, for the Bed and Breakfast Homestay use.

Supported the 11/19/2013 draft text allowing 25 daily attendees, including overnight guests, for the Bed and Breakfast Inn use.

Supported the 11/19/2013 draft text allowing 50 daily attendees, including overnight guests, for the Country Inn use.

4. Yearly Private Parties

Supported the 11/19/2013 draft text allowing 10 private parties, in accordance to Section 5-500(C) Special Events, for a Bed and Breakfast Homestay use.

Revised the 11/19/2013 draft text to allow private parties of more than 25 attendees to be held “15 times per calendar year” as opposed to “10 times per calendar year” for a Bed and Breakfast Inn use.

Supported the 11/19/2013 draft text to allow private parties of more than 25 attendees up to a maximum of 150 attendees, including overnight guests, for a Bed and Breakfast Inn use.

Revised the 11/19/2013 draft text to allow private parties of more than 50 attendees to be held “15 times per calendar year” as opposed to “10 times per calendar year” for a Country Inn use.



Page 13

Revised the 11/19/2013 draft text to allow private parties of more than 50 attendees up to a maximum of “200 attendees” as opposed to “150 attendees”, including overnight guests, for a Country Inn use.

5. Setbacks

Revised the 11/19/2013 draft text setback standards for the Bed and Breakfast Inn use and parking to 100 feet from all lot lines and outside private party areas to 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial zoning district.

Revised the 11/19/2013 draft text setback standards for the Country Inn use and parking to 100 feet from all lot lines and outside private party areas to 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial zoning district.

Revised the 11/19/2013 draft text setback standards for Banquet/Event Facility use and parking to 100 feet from all lot lines and outside private party areas to 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial zoning district.

6. Landscaping/Screening/Buffering

Revised the 11/19/2013 draft text to require landscaping and screening standards of Section 5-653(A) to screen the “outside private party areas” as opposed to “private party areas” from adjacent properties, regardless the size of the adjacent property for the Bed and Breakfast Homestay and Bed and Breakfast Inn uses.

Revised the 11/19/2013 draft text to require landscaping and screening standards of Section 5-653(A) to screen the “outside private party areas from adjacent properties” as opposed to “the use”, regardless the size of the adjacent property for the Country Inn use.

Supported the 11/19/2013 draft text to require landscaping and screening standards of Section 5-653(A) to screen the Banquet/Event Facility use.

Revised the 11/19/2013 draft text to require that “new driveways providing access” as opposed to “driveways” shall not be located within a required buffer yard area for the Bed and Breakfast Inn and Country Inn uses.

7. Roads/Access

Supported the 11/19/2013 draft text Roads/Access standards for a Bed and Breakfast Homestay.

Revised the 11/19/2013 draft text to eliminate the requirements that “entrances from and exits to publicly maintained roads shall provide safe ingress and egress” from the Bed and Breakfast Inn, Country Inn, and Banquet/Event Facility uses.

Revised the 11/19/2013 draft text to state for any Country Inn or Banquet/Event Facility “that is not located on a publicly maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the easement may be used to support the establishment” as opposed to a Country Inn or Banquet/Event Facility “shall be located on a paved publicly maintained road”.



Page 14

During its January 23, 2014 work session, the Planning Commission requested that Staff review: 1) the noise standards for the Bed and Breakfast Homestay, Bed and Breakfast Inn, and Country Inn; and 2) an exemption for individual historic properties. At the February 4, 2014 work session, the Planning Commission reaffirmed its recommendations from the January 23, 2014 work session and reviewed and discussed the two additional topics regarding noise standards and individual historic property exemption, as follows: 8. Noise Standards

Revised the hours of operation, including outside private parties, for a Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn, and Banquet/Event Facility to 7 am and 12 am (midnight) from the existing and recommended standard of “no outdoor music between 11 pm and 10 am on Friday, Saturday, and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursday.”

9. Historic Properties Exemption

Supported the current and proposed regulations regarding exemptions for Historic Site District or Historic and Cultural Conservation District for Bed and Breakfast Homestay, Bed and Breakfast Inn, and Country Inn.

VII. ISSUES Staff has identified the following issues [Attachment 6] for the Board of Supervisors consideration:

1. Reclassification or Designation of Minor Special Exception Use Proposed Text. The current draft text of ZOAM 2013-0008 proposes to (1) reclassify Bed and Breakfast (Inn) from a Special Exception use to a Minor Special Exception use in the CR-1, CR-2, CR-3, JLMA-3, JLMA-2, JLMA-1, R-1, R-2, TR-1, and TR-2 zoning districts and to add Bed and Breakfast Inn to the RC zoning district as a Minor Special Exception; (2) reclassify Country Inn from a Special Exception use to a Minor Special Exception use in the A-10, A-3, CR-1, CR-2, CR-3, CR-4, JLMA-3, TR-10, and TR-3 zoning districts and to add a Country Inn in the RC and JLMA-20 zoning districts as a Minor Special Exception use; and (3) to add Banquet/Event Facility in the A-10, A-3, JLMA-20, TR-10, TR-3, and PD-RV zoning districts as a Minor Special Exception use. Planning Commission Recommendation. The Planning Commission supported the revisions proposed by the 11/19/2013 draft text of the Minor Special Exception use classification and process for the Bed and Breakfast Inn, Country Inn, and Banquet/Event Facility, as discussed above. The Planning Commission’s recommendations are consistent with the ZOAG’s supported draft text.



Page 15

Staff Recommendation. Several Referral Agencies indicated concerns with a number of zoning districts proposed to permit Bed and Breakfast Inn, Country Inn or Banquet/Event Facility by Minor Special Exception rather than by Special Exception. Although Staff acknowledges that the Minor Special Exception process would provide a more expedited timeframe, with applications going directly before the Board of Supervisors for Public Hearing, and bypassing review by the Planning Commission, many issues which otherwise would have been resolved through deliberations by the Planning Commission may remain outstanding and place an extra burden on the Board of Supervisors. Often adjacent property owners have concerns with noise, traffic, lighting, as well as the provision of adequate landscaping and buffering to mitigate the impact of these types of uses on their properties and the surrounding area. In these instances Staff is required to work in conjunction with the applicant to address compatibility issues. However, not all issues identified by the public may be addressed, particularly if the applicant is seeking modifications to the Additional Regulations, such as reduced setbacks, or buffering requirements, which require further analysis and consideration due to the complexity of the application.

2. Private Parties Existing Regulations. Currently, hosting private parties (weddings, receptions, private parties, meetings, and similar activities) at a Bed and Breakfast or Country Inn in excess of the maximum sleeping capacity of the facility may be held up to 10 times per year with a minimum of 14 days between private parties. Each private party requires a temporary zoning (special event) permit in accordance with Section 5-500(C). Additional private parties, above the 10 allowed, may be held in accordance with Section 5-642, Banquet/Event Facility, with the approval of a Minor Special Exception. Planning Commission Recommendation. The Planning Commission recommended increasing the number of private parties from 10, as initially proposed with the 11/19/2014 draft text, to 15 per calendar year for a Bed and Breakfast Inn and Country Inn. The Planning Commission supported a maximum of 150 attendees at a Bed and Breakfast Inn and recommended increasing the number of maximum attendees for a Country Inn from 150 (proposed with the 11/19/2013 draft text) to 200. The Planning Commission supported the elimination of the 14 day period between private parties and a single zoning permit application/process. The Planning Commission’s recommendations are consistent with the ZOAG’s supported draft text. The current draft text of ZOAM 2013-0008 [Attachment 1] has been revised to reflect the Planning Commission recommendations. Staff Recommendation. Staff does not support the increase to 15 private parties per year without some level of public/neighbor review and comment that would occur during a minor special exception or special exception application. Staff also has concerns with the additional 200+ trips generated for each private party, the adequacy of the road system to handle the additional traffic generated; the noise, sound, traffic, and light impact to adjacent neighbors and to a development/community; and the impact to



Page 16

well/septic systems to support up to 150 or 200 attendees per private party, that would occur without proper review and input. Staff does not support 15 private parties per year as an accessory function of a Bed and Breakfast or Country Inn use. It has been determined and applied in practice that 10 such private parties is accessory to a Bed and Breakfast and Country Inn. To exceed 10 private parties per year is no longer considered accessory, but is considered a separate principal use, such as a Banquet/Event Facility. The limitation on the number of private parties as an accessory use is further established with the allowance of a property to host no more than 10 Special Events per calendar year, pursuant to Section 5-500(C) and the issuance of a Temporary Zoning Permit. Temporary Zoning Permits for Special Events are permitted within the Rural and Transitional Residential Zoning Districts; nonresidential Suburban or Planned Development Zoning Districts; and residential Suburban or Planned Development Zoning Districts that contain at least 2 acres. If the Board supports the 15 events per year, Staff recommends including the current language which would require additional private parties, above the 15 allowed, in accordance with Section 5-642, Banquet/Event Facility, with the approval of a Minor Special Exception. This would allow for public input and provide for a more thorough review process to address possible concerns on a case by case basis.

3. Setbacks Existing Regulations/Proposed Text. A summary of the existing and proposed setbacks is included within Table 1 (Existing/Proposed Setbacks) below:

Table 1: Existing/Proposed Setbacks

Existing

11/19/2013 Public Hearing Draft

Text Planning Commission

Proposed Text

Use Minimum Setback Use Minimum Setback

Bed and Breakfast

Equivalent to the zoning district setback requirements.

Bed and Breakfast Homestay




Private party areas, not located within the principal structure, shall be setback 200 feet from all lot lines or 100 feet from a lot line of an adjacent commercial use.

The use and parking shall be setback 100 feet from all lot lines. Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial zoning district or use.



Page 17

Existing

11/19/2013 Public Hearing Draft

Text Planning Commission

Proposed Text

Use Minimum Setback Use Minimum Setback

Country Inn

Minimum required yard setback of 250 feet from all lot lines or 100 feet from a lot line of an adjacent commercial use

Country Inn

Use, parking and private party areas shall be setback 250 feet minimum from all lot lines or 100 feet from a lot line of an adjacent commercial use.


Banquet/ Event Facility

Minimum setback of 200 feet from lot lines and a setback of 500 feet from all property lines for outdoor areas and parking. The Board may increase outdoor area setback.

Banquet/ Event Facility

Use shall be setback 200 feet from lot lines. Outdoor areas and parking shall be setback 300 feet from all property lines. The Board may increase outdoor area setback.


Planning Commission Recommendation. The Planning Commission recommended revising the setback standards proposed with the 11/19/2013 draft text for the Bed and Breakfast Inn, Country Inn and Banquet/Event Facility uses as provided in Table 1 and Table 2, above. The Planning Commission recommendations are consistent with the ZOAG’s supported draft text. The current draft text [Attachment 1] has been revised to reflect the Planning Commission recommendations. Staff Recommendation. Staff does not support the reduction in setbacks for either the Country Inn or Banquet/Event Facility uses, particularly the setbacks for the outdoor private party areas and activities as it relates to noise. Examples of typical noise sources and their respective noise levels are: 1) Residential Area at Night – 40 dB(A) (Quiet); 2) Quiet Restaurant – 50 dB(A) (Noisy); 3) Department Store – 60 dB(A) (Noisy); 4) Curbside of a Busy Street at 15 feet – 80 dB(A) (Noisy); 5) Pneumatic Hammer at 6 feet or Outdoor Event Band/Music Speaker at 3 feet – 100dBA (Very Noisy to Intolerable). To understand the increase or decrease in noise level, a 10 dB(A) increase in sound level is perceived as about twice as loud; a 10 dB(A) reduction in sound level is perceived as about half as loud; and noise level decreases by 6 dB(A) per doubling of distance. With the inclusion of a solid barrier screening private party areas and the proposed setbacks from the 11/19/2013 draft text, as provided in Table 1 (PH Draft Text/PC Proposed Text) above, are necessary to lessen the impact of the noise on adjacent properties and to ensure the required 55 dB(A) is achieved In addition to the issues of noise impact, the additional setback reduces the visual impact (traffic, lighting, parked vehicles, permanent/temporary accessory structures,



Page 18

portable toilets, etc.) of the private party areas from adjacent residential use. Staff further believes the adjacent neighbor that purchased a residential property in a residential neighborhood should have the equal ability to enjoy their property and should be provided the opportunity to comment on possible impacts that are not typically accessory to a residential use. Rather than outright reducing all setbacks, Staff believes that individual modifications of the setback requirements of the Additional Regulations which may be approved by the Board of Supervisors through the Minor Special Exception process would allow for greater public input and provide for a more thorough review process to address possible concerns.

4. Landscaping/Buffering/Screening

Existing Regulations. Currently, a Bed and Breakfast, Country Inn and Banquet/Event Facility must comply with Section 5-653(A) to landscape and screen the use and Section 5-653(B) to landscape and screen the parking areas. Planning Commission Recommendation. The Planning Commission recommended revising the 11/19/2013 draft text to require Bed and Breakfast Homestay, Bed and Breakfast Inn, and Country Inn uses to comply with the landscaping and screening standards of Section 5-653(A) to screen outside private party areas from adjacent properties, regardless the size of adjacent property. The Planning Commission supported having the Bed and Breakfast Homestay, Bed and Breakfast Inn, and Country Inn uses comply with the landscaping and screening standards of Section 5-653(B) to landscape and screen the parking areas. The Planning Commission supported having the Banquet/Event Facility use comply with Section 5-653(A) to landscape and screen the use and Section 5-653(B) to landscape and screen the parking areas. The Planning Commission recommendations are consistent with the ZOAG’s supported draft text. The current draft text [Attachment 1] has been revised to reflect the Planning Commission recommendations. Staff Recommendation. Staff supports not requiring landscaping and screening of an existing principal structure from adjacent properties. Staff acknowledges that the view and impact of an existing principal structure already exists and that the visibility of the principal structure may be significant to a community or development and that thus, the screening of the structure may not be necessary. However, Staff recommends that all outside private party areas and accessory or new permanent/temporary structures intended for a Breakfast Homestay, Bed and Breakfast Inn, and Country Inn use comply with the landscaping and screening standards of Section 5-653(A) to reduce the impact (noise, visibility, lighting, etc.) to adjacent neighbors.

5. Roads/Access Existing Regulations. Currently, a Bed and Breakfast and Country Inn is required to be located on a state maintained road and, if not located on a state maintained road, the applicant must provide a copy of a deed establishing an ingress/egress easement capable of supporting the use. Also, entrances to and exits from a state maintained road



Page 19

are required to provide safe ingress/egress and be channeled to prevent unrestricted access. A Banquet/Event Facility is required to comply with the Road Access Standards of Section 5-654 and no more than two access points to a public road are permitted. Planning Commission Recommendation. The Planning Commission recommended revising the 11/19/2013 draft text to require a Country Inn and Banquet/Event Facility to be located on a publicly maintained road and, if not located on a publicly maintained road, to require documentation demonstrating that the easement may be used to support the establishment which are the same requirements of a Bed and Breakfast Homestay and Bed and Breakfast Inn. The 11/19/2013 draft text proposed that a Country Inn and Banquet/Event Facility be located on a publicly maintained road. The Planning Commission supported that a Bed and Breakfast Inn, Country Inn and Banquet/Event Facility comply with the Road Access Standards of Section 5-654 and provide no more than two access points for the use. The Planning Commission recommended eliminating the 11/19/2013 draft text requiring entrances from and exits to publicly maintained roads shall provide safe ingress and egress for Bed and Breakfast Inn, Country Inn and Banquet/Event Facility. The Planning Commission recommendations are consistent with the ZOAG’s supported draft text. The current draft text [Attachment 1] has been revised to reflect the Planning Commission recommendations. Staff Recommendation. Staff supports the requirement for the Country Inn and Banquet/Event Facility to be located on a paved publicly maintained road. These uses are anticipated to provide a higher trip generation due to their daily functions. The smaller gravel surface roads in the County, which are often single lane and poorly maintained, are not designed to safely accommodate the traffic volume of the larger delivery vehicles needed to support these uses and the higher traffic volumes generated by such uses. A modification of any of the Additional Regulations, including the requirement to be located on a paved, publicly maintained road and the Road Access Standards, may be approved by the Board of Supervisors, through the Minor Special Exception process which allows public input and provides for a more thorough review process to address possible concerns on a case by case basis.

6. Noise Standard

Existing Regulations. Currently, the hours of operation for a Bed and Breakfast and Country Inn is related to outdoor music and is limited to the hours between 11 pm to 10 am on Friday, Saturday, and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursday. The hours of operation for a Banquet/Event Facility is limited to 9:00 AM to 12:00 AM (midnight) and no outdoor music is allowed after 11:00 PM. Planning Commission Recommendation. The Planning Commission recommended revising the 11/19/2013 draft text to require that no music or outside private parties shall be permitted between 12 am (midnight) and 7 am for a Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn and Banquet/Event Facility. The 11/19/2103 draft



Page 20

text proposed no music or outdoor activities shall be permitted between 11 pm and 10 am on Friday, Saturday, and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on any other day for a Breakfast Homestay, Bed and Breakfast Inn, and Country Inn and proposed no changes for the Banquet/Event Facility. The current draft text [Attachment 1] has been revised to reflect the Planning Commission recommendations. Staff Recommendation. Staff recommends revising the 11/19/2013 draft text where no outdoor music or private parties, in excess of the permitted number of daily attendees, shall be permitted between 11 pm and 10 am on Friday, Saturday, and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on any other day for a Breakfast Homestay, Bed and Breakfast Inn, and Country Inn. Other Section 5-600 Additional Regulations for Specific Uses, such as a Rural Retreats and Resorts, Small Businesses, Commercial Winery, Ag support Use, Animal Hospital, Fairground, Conference and Training Centers, Camp, Day and Boarding, Campgrounds, Outdoor Amphitheater, Antique Shop/Craft Shop, and Auction House do not allow outdoor music after 11:00 PM. Staff recommends that the current standards for a Banquet/Event Facility use be maintained to be consistent with the standards for other uses and to reduce the impact (noise, lighting, visibility, etc.) from adjacent properties.

7. Size of Use Existing Regulations. Currently, the number of guest rooms is related to the minimum lot area for a Bed and Breakfast use. A minimum lot area of 5 acres (Level I small scale) allows 3-7 guest rooms and a minimum lot area of 10 acres (Level II medium scale) allows 8-10 guest rooms. Planning Commission Recommendation. The Planning Commission recommended revising the 11/19/2013 draft text removing the relationship between the number of guest rooms and the minimum lot area for the Bed and Breakfast Inn. The Planning Commission recommended that the number of guest rooms shall not exceed 10 rooms and that the minimum lot area shall not exceed 5 acres Staff Recommendation. Staff recommends retaining the 11/19/2013 draft text and the relationship between the number of guest rooms and the minimum lot area for the Bed and Breakfast Inn where a minimum lot area of 5 acres (Level I small scale) allows 1-7 guest rooms and a minimum lot area of 10 acres (Level II medium scale) allows 8-10 guest rooms.

Attachment 6 includes a detailed listing of each outstanding issue, including Staff and Planning Commission recommendations.



Page 21

VIII. ZONING ORDINANCE CRITERIA FOR APPROVAL Section 6-1210(D), Text Amendments, of the Revised 1993 Loudoun County Zoning Ordinance states “…for an amendment of the text of this Ordinance, the Planning Commission shall consider the following matters:” Standard Whether the proposed text amendment is consistent with the Comprehensive

Plan. Analysis Comprehensive Plan guidance for the proposed zoning ordinance amendment is

provided in the policies of the Revised General Plan (the Plan). The designated AR-1, AR-2, A-3, A-10, CR-1, CR-2,CR-3, CR-4, RC, JLMA-1, JLMA -2, JLMA-3, JLMA-20, TR-1,TR-2, TR-3, TR-10, PD-RV, R-1, and R-2 Zoning Districts generally correspond with the Rural and Transition Policy Areas identified in the Plan (Revised General Plan, Chapter 7, Planned Land Use). In general, as described in the October 10, 2013 Department of Planning Memorandum, the policies of the Revised General Plan are supportive of the expansion of hospitality service uses such as Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn, and Banquet Facility/Event Facility, within the Rural Policy Area, Existing Villages, Town JLMAs and Transition Policy Area.

Standard Whether the proposed text amendment is consistent with the intent and purpose

of this Ordinance. Analysis The Goals, Purpose and Intent of the Zoning Ordinance is defined under Section

1-102 which states: “This Ordinance is enacted in order to promote the health, safety and welfare of the residents of Loudoun County and to implement the Loudoun County Comprehensive Plan.” The Zoning Ordinance is designed, but not limited, to “guide and regulate the orderly grown, development and redevelopment of Loudoun County in accordance with a well-considered plan and with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people”; “protect the established character and the social and economic well-being of both private and public property”; “reduce or prevent congestion in the public street”; “encourage economic development activities…”; and “provide the preservation of agricultural and forestal land and other lands for the protection of the natural environment”. There have been some concerns with the activities associated with a Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn, and Banquet/Event Facility and the impacts to adjacent property owners (noise, light, visibility, distance, etc.) and the road system (access, traffic generation, adequacy of roads). Generally, the current draft text of ZOAM 2013-0008 is consistent with the intent and purpose of the Zoning Ordinance.



Page 22

IX. RECOMMENDED TEXT See Attachment 1 for the Planning Commission’s recommended text amendments. X. FISCAL IMPACT The goal of ZOAM 2013-0008 is to encourage economic development that will result in increased revenue and the ability to reduce the tax burden on the citizens of Loudoun County. There are several reclassification or designation revisions proposed by ZOAM 2013-0008 that will alter the process of obtaining approval to operate a Bed and Breakfast Inn, Country Inn, and Banquet/Event Facility use. As discussed in Attachments 4 and 5, the reclassification of a previous Special Exception use to a Minor Special Exception use or Permitted use or the reclassification of a previous Minor Special Exception use to a Permitted use will result in a loss of revenue because the fee for the submission of a Special Exception (SPEX) or Minor Special Exception (SPMI) land development application will no longer be received. Additionally, where a Bed and Breakfast Inn is proposed to be permitted by-right, only a sketch plan is required for land disturbance of less than 5,000 square feet as opposed to a Site Plan (STPL) or Rural Economy Site Plan (REST). Based on Loudoun County zoning permit records (after 1994) there are potentially 26 B&B type establishments (B&B Home Occupation, B&B Homestay, and B&B Inn), 4 Country Inn’s, 2 Banquet/Event Facilities, and 2 Rural Retreats located within the County (outside of towns). The current fee schedule lists: STPL, over 1 acre: $7,605.00 + $150.00 per acre; STPL, 1 acres or less: $4,800.00 + $95.00 per acre; REST: $2300.00; SPEX: $5,955.00, $6,570.00, or $15,750.00 depending on size of land disturbance; and SPMI: $8,215.00. Currently, hosting private parties (weddings, receptions, private parties, meetings, and similar activities) at a Bed and Breakfast and Country Inn in excess of the maximum sleeping capacity of the facility may be held up to 10 times per calendar year. Each private party requires a temporary zoning (special event) permit in accordance with Section 5-500(C). Additional private parties, above the 10 allowed, may be held in accordance with Section 5-642, Banquet/Event Facility, with the approval of a Minor Special Exception. ZOAM 2013-0008 proposes that the private parties (recommended to increase from 10 to 15 per calendar year) be processed as a single zoning permit application/process which will result in a loss of revenue. The current fee schedule lists: Zoning Permits: $165.00 residential use and $210.00 commercial use. Sufficient funding is included in the Department’s existing budget for the necessary Staff time and resources to process applications of this type. XI. ATTACHMENTS Attachment Number / Name Page 1 Draft text dated February 18, 2014 A - 1 2 Copy Teste/Resolution of Intent to Amend dated October 16, 2013 A - 183 3 Referral Comments

3a Zoning Ordinance Action Group (ZOAG) A - 191



Page 23

3b Building and Development, Engineering A - 208 3c Department of Planning, Comprehensive Planning A - 209 3d Department of Transportation and Capital Infrastructure, Transportation A - 215 4 Reclassification and Additional Regulations Table A - 217 5 Summary of Amendments A - 219 6 Issues Matrix A - 256

This Staff Report with attachments can be viewed online on the Loudoun Online Land Applications System (LOLA) at www.loudoun.gov or at the B&B, Country Inn, Banquet/Event Facility ZOAM website located at http://www.loudoun.gov/index.aspx?NID=2985.

http://www.loudoun.gov/

http://www.loudoun.gov/index.aspx?NID=2985

ZOAM 2013-0008, Draft Text Amendment Board of Supervisors Public Hearing

March 12, 2014

ARTICLE 2 NON-SUBURBAN DISTRICT REGULATIONS

DIVISION A: RURAL DISTRICTS

Section 2-100 AR-1 Agricultural Rural-1

2-101 Purpose and Intent. The purpose and intent of the AR-1 district is to:

(A) Support the use of land for rural economy uses, with residential uses allowed at densities consistent with the general open and rural character of the rural economy uses.

(B) Allow for a broad range of rural economy uses, including (agriculture, horticulture and animal husbandry), agriculture support and services associated with on-going agricultural activities, and other uses that can be developed in ways consistent with the rural character of the AR-1 district through mitigation or other standards.

(C) Recognize the County’s tourism industry is interconnected with the rural economy and rural economy uses in the district by allowing for tourism uses related to agricultural uses, conference and training center uses, and rural activity and special event uses.

(D) Promote consistency between residential development and rural economy uses through lower density residential development or clustering of residential development.

(E) Ensure that the rural economy uses are compatible with any existing permitted residential development.

2-102 Use Regulations. Table 2-102 summarizes the principal use regulations of the AR-1 district.

(A) Organization of Use Table. Table 2-102 organizes the uses in the AR-1 district by Use Classifications, Use Categories and Use Types.

(1) Use Classifications. The Use Classifications are: agricultural uses; residential uses; public and institutional uses; commercial uses; and industrial uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general

ATTACHMENT 1

A-1

classifications (e.g., agricultural uses and residential uses). The Use Classifications then organize land uses and activities into general “Use Categories” and specific “Use Types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.

(2) Use Categories. The Use Categories describe the major sub-groups of the Use Classification, based on common characteristics (e.g., the residential Use Classification is divided into two major Use Categories: Household Living and Group Living). Principal uses are identified in defining the Use Category. They are principal uses that most closely share the common characteristics that are key to the Use Category.

(3) Use Types. The Use Categories are then divided into specific Use Types. The specific Use Types are included in the respective Use Category. They identify the specific uses that are considered to fall within characteristics identified in the Use Category. For example, single family detached dwellings, multi-family dwellings and town houses are Use Types in the Household Living Use Category.

(B) Use Categories and Use Types Defined. All the Use Categories and Use Types listed in Table 2-102 are defined in Article VIII (Definitions).

(C) Permitted and Special Exception Uses. A “P” in the column identified “AR-1” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the AR-1 district, subject to compliance with all applicable standards and regulations in this Ordinance and all other County ordinances. An “S” indicates that a Use Type is allowed in the AR-1 district as a special exception in accordance with the procedures and standards of Section 6-1300. An “M” indicates that a Use Type is allowed in the AR-1 district as a minor Minor special Special exception Exception in accordance with the procedures and standards of Section 6-1300. In some instances, and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted as a matter of right under certain conditions or allowed as a special Special exception Exception or minor Minor special Special exception Exception under other conditions.

Section 2-100 Revision Date: May 19, 2009 February 19, 2014 Board of Supervisors Public Hearing 3/12/2014

ZOAM 2013-0008 Draft Text

A-2

In those instances, it is identified as “P/S” or “P/M,” as appropriate.

(D) Reference to General Use Category. References to “General Use Category” under the Use Type column, means all of the uses in the Use Category are allowed. The Use Category is defined in Article VIII. Where specific Use Types are listed in the Use Type column, only the listed Use Types in the Use Category are allowed. The Use Types are defined in Article VIII.

(E) Additional Regulations for Specific Uses. References to sections in the final column of Table 2-102 (AR-1 District Use Table) indicate that the listed use is subject to use-specific regulations. The numbers provide a cross-reference to the “Additional Regulations for Specific Uses” in Section 5-600.

(F) Minimum Lot Size Requirements. Each principal permitted use shall meet the minimum acreage requirement, where specified in the “Additional Regulations for Specific Uses” in Section 5-600, for that use. Where two or more principal uses are located on one parcel, the parcel size shall be the larger of the two or more uses requirements, and not the sum of all the minimum lot sizes.

TABLE 2-102: AR-1 AGRICULTURAL RURAL–1 DISTRICT USE TABLE

P = PERMITTED S = SPECIAL EXCEPTION M=MINOR SPECIAL EXCEPTION

USE CATEGORY USE TYPE

AR-1 DISTRICT

ADDITIONAL REGULATIONS FOR SPECIFIC USES

AGRICULTURAL USES

Agriculture General Use Category P Section 5-626

Horticulture General Use Category P Section 5-626

Animal Husbandry General Use Category P Section 5-626

Agriculture Support and Services Directly Related to On-going Agriculture, Horticulture and Animal Husbandry Activity, On-Site

Agricultural processing P Section 5-627

Agri-education P Section 5-627

Animal care business P Section 5-627

Agritainment P Section 5-627

Commercial winery with 20,000 square feet or less P Section 5-625



A-3




AR-1 DISTRICT


Commercial winery, over 20,000 square feet S Section 5-625

Custom operators P Section 5-627

Direct market business for sale of products produced on-site – including but not limited to PYO (pick-your-own)

P Section 5-627

Equestrian facilities P Section 5-627

Farm based tourism P Section 5-628

Farm co-ops P Section 5-627

Farm machinery repair P Section 5-627

Farm markets P Section 5-603

Feedlot (for on-going, on-site animal husbandry activities) P Section 5-627

Nursery, commercial S Section 5-605

Nursery, production P Section 5-605

Pet farms P Section 5-627

Restaurant P Section 5-627

Sawmill S Section 5-629

Stables P Section 5-627

Veterinary services P

Virginia Farm Winery P

Wayside stand P Section 5-604

Wetlands mitigation bank P Section 5-627



A-4




AR-1 DISTRICT


Agriculture Support and Services UNot Directly U Associated with On-Site Agricultural Activity

Agricultural research facility P Section 5-644

Animal care businesses P Section 5-630

Central farm distribution hub for agricultural products P Section 5-630



Equestrian facility P Section 5-630

Equestrian facility, on lots of less than 50 acres or without frontage on state maintained road

M Section 5-630


Farm machinery sales, rental and service P Section 5-615

Mill feed and farm supply center P Section 5-630


Stable, neighborhood, on lots of 25 acres or more, or frontage on state maintained road

P Section 5-630

Stable, neighborhood, on lots of less than 25 acres or without frontage on state maintained road

M Section 5-630

Stable, private P Section 5-630

Animal Services

Animal hospital P Section 5-631

Kennel S Section 5-606

Kennel, Indoor M Section 5-606

RESIDENTIAL USES



A-5




AR-1 DISTRICT


Household Living

Accessory dwelling (accessory to single family detached dwelling)

P Section 5-613

Dwelling, single-family detached, including manufactured housing

P May divide property in accordance with Section 2-103 Development Options.

Home occupation (accessory to single family detached dwelling)

P Section 5-400

Portable Dwelling/Trailer Construction P

Group Living

Co-housing P

Convent or monastery P/S Section 5-656

Dormitory, seasonal labor M Section 5-632

Rooming house P

PUBLIC AND INSTITUTIONAL USES

Aviation Airport/landing strip S Section 5-633

Day Care Facilities Child care home P Section 5-609(A)

Child or adult day care center S Section 5-609(B)

Cultural and Government Facilities

Agricultural cultural center S Section 5-634

Fairground S Section 5-635

Structures or uses for local government purposes not otherwise listed in the district

S

Education

School (elementary, middle, or high) S

Vocational school S

Park and Open Space Arboretum P Section 5-636

Botanical garden or nature study area P Section 5-636



A-6




AR-1 DISTRICT


Cemetery S Section 5-637

Mausoleum S Section 5-637

Crematorium S Section 5-637

Community, neighborhood, or regional park, passive recreational uses

P

Community, neighborhood, or regional park, active recreational uses

S

Public Safety Fire and/or rescue station P Section 5-638

Police station or substation P Section 5-638

Religious Assembly

Church, synagogue, temple or mosque, with seating capacity of 300 or less seats in sanctuary or main activity area

P Section 5-639

Church, synagogue, temple or mosque, with seating capacity of more than 300 in sanctuary or main activity area, or accessory schools, day care centers with more than S30 S U50 U children, recreational facilities

S Section 5-639

Utility

General Use Category P

Recycling drop-off collection center, public: Section 5-607 Utility substation, transmission: Section 5- 616(A) Utility substation, distribution: Section 5- 616(B)

Municipal drinking water supply reservoir P

Sewage Treatment Plant S Section 5-621

Sewer Pumping Station P Section 5-621

Water Storage Tank S Section 5-621

Water Treatment Plant S Section 5-621



A-7




AR-1 DISTRICT


Water Pumping Station P Section 5-621

Utility transmission lines, overhead (excluding connections of lines from existing overhead public utility transmission lines to individual uses)

S Unless excepted by Section 1-103(D)

COMMERCIAL USES

Conference and Training Centers

Conference and training centers P/M Section 5-640

Rural agricultural corporate retreat P Section 5-619

Rural Resort M Section 5-601(C)

Rural Retreat M Section 5-601(C)

Food and Beverage

Teahouse; coffeehouse P Section 5-641

Banquet/Event facilityFacility M Section 5-642

Restaurant M Section 5-643

Office

Educational or research facilities use related to the agriculture, horticulture and animal husbandry uses in the district

M Section 5-644

Recreation and Entertainment

Camp, day and boarding, with 30 or fewer campers P Section 5-645

Camp, day and boarding, with more than 30 campers M Section 5-645

Campground M Section 5-646

Country Club S Section 5-660

Cross country ski business P Section 5-647

Eco-tourism P Section 5-647

Golf course S Section 5-648



A-8




AR-1 DISTRICT


Outdoor amphitheater S Section 5-649

Private Club or Lodge S

Rural recreational establishment, outdoor P

Retail Sales and Service

Antique shop P Section 5-650

Art gallery or art studio P Section 5-650

Auction house S Section 5-651

Craft shop P Section 5-650

Small business P/M Section 5-614

Visitor Accommodation

Bed and Breakfast Homestay P Section 5-601(A)

Bed and breakfastBreakfast Inn P/M Section 5-601(AB)

Country innInn P/M Section 5-601(BC)

Country Inn with Restaurant M Section 5-601(C)

Guest farm or ranch leasing up to 20 guest rooms P

INDUSTRIAL USES

Telecommunication Use and/or Structure

Radio and/or television tower S Section 5-618

Telecommunications antenna P Section 5-618(A)

Telecommunications monopole P Section 5-618(B)(1)

Telecommunications monopole S Section 5-618(B)(2)

Telecommunications transmission tower S Section 5-618(C)(2)

Waste-Related Uses Vegetative Waste Management facility M

(Grant of a special exception does not avoid requirements of Chapter 1080,Codified Ordinances of Loudoun County, or any other applicable law.)



A-9




AR-1 DISTRICT


Yard Waste Composting Facility S

(Grant of a special exception does not avoid requirements of Chapter 1080,Codified Ordinances of Loudoun County, or any other applicable law.)

Stockpiling of dirt S Section 5-657



A-10

Section 2-200 AR-2 Agricultural Rural-2

2-201 Purpose and Intent. The purpose and intent of the AR-2 district is to:

(A) Support the use of land for rural economy uses consistent with the pattern of rural and agricultural land uses in the district, including sustaining and nurturing the economically significant equine industry.

(B) Allow residential uses at densities consistent with the general open and rural character of the rural economy uses, and consistent with the land use patterns in the district, which are marked by low density and large parcels relative to the other portions of the County.

(C) Allow for a broad range of rural economy uses, including traditional and new agricultural uses (agriculture, horticulture and animal husbandry), agriculture support and basic services directly associated with on-going agricultural activities, and other uses that can be developed in ways that are consistent with the rural character of the AR-2 District through mitigation or other standards.

(D) Recognize the County’s tourism industry is interconnected with the rural economy and rural economy uses in the district by allowing for tourism uses related to agricultural uses, conference and training center uses, and rural activity and special event uses for tourists.

(E) Promote consistency between residential development and rural economy uses through lower density residential development or the clustering of residential development.

(F) Ensure that the rural economy uses are compatible with any existing permitted residential development.

Section 2-200 Revision Date: May 19, 2009 February19, 2014 Board of Supervisors Public Hearing 3/12/2014


A-11

2-202 Use Regulations. Table 2-202 summarizes the principal use regulations of the AR-2 district.

(A) Organization of Use Table. Table 2-202 organizes the uses in the AR-2 district by Use Classifications, Use Categories and Use Types.

(1) Use Classifications. The Use Classifications are: agricultural uses; residential uses; public and institutional uses; commercial uses; and industrial uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., agricultural uses and residential uses). The Use Classifications then organize land uses and activities into general “Use Categories” and specific “Use Types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.




(C) Permitted and Special Exception Uses. A “P” in the column identified “AR-2” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the AR-2 district, subject to compliance with all applicable standards



A-12

and regulations in this Ordinance and all other County ordinances. An “S” indicates that a Use Type is allowed in the AR-2 district as a special exception in accordance with the procedures and standards of Section 6-1300. An “M” indicates that a Use Type is allowed in the AR-2 district as a minor Minor special Special exception Exception in accordance with the procedures and standards of Section 6-1300. In some instances, and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted as a matter of right under certain conditions or allowed as a special Special exception Exception or minor Minor special Special exception Exception under other conditions. In those instances, it is identified as “P/S” or “P/M,” as appropriate.

(D) Reference to General Use Category. References to “General Use Category” under the Use Type column mean all of the uses in the Use Category are allowed. The Use Category is defined in Article VIII. Where specific Use Types are listed in the Use Type column, only the listed Use Types in the Use Category are allowed. The Use Types are defined in Article VIII.

(E) Additional Regulations for Specific Uses. References to sections in the final column of Table 2-202 (Additional Regulations for Specific Uses) indicate that the listed use is subject to use-specific regulations. The numbers provide a cross-reference to the “Additional Regulations for Specific Uses” in Section 5-600.

(F) Minimum Lot Size Requirements. Each principal permitted use shall meet the minimum acreage requirement, where specified in the “Additional Regulations for Specific Uses” in Section 5-600, for that use. Where two or more principal uses are located on one parcel, the parcel size shall be the larger of the two or more uses requirements, and not the sum of all minimum lot sizes.




AR-2 DISTRICT


AGRICULTURAL USES



A-13




AR-2 DISTRICT







Agri-education P Section 5-627






Direct market business for sale of products produced on-site - including but not limited to PYO (pick-your-own)

P Section 5-627











A-14




AR-2 DISTRICT



Restaurant P Section 5-627



Veterinary services P

Virginia Farm Winery P



Agriculture Support and Services UNot DirectlyU Associated with On-Site Agricultural Activity



Central farm distribution hub for agricultural products P Section 5-630

Commercial winery, with 20,000 square feet or less P Section 5-625


Equestrian facility P Section 5-630

Equestrian facility, on lots of less than 50 acres or without frontage on state maintained road

M Section 5-630


Farm machinery sales, rental and service P Section 5-615

Mill feed and farm supply center P Section 5-630




A-15




AR-2 DISTRICT



P Section 5-630


M Section 5-630


Animal Services

Animal hospital P Section 5-631


Kennel, Indoor M Section 5-606

Household Living


P Section 5-613


P May subdivide property in accordance with Section 2-203 Development Options.


P Section 5-400

Portable Dwelling/Trailer Construction P

Group Living

Co-housing P

Convent or monastery P/S Section 5-656

Dormitory, seasonal labor M Section 5-632

Rooming house P



Day Care Child care home P Section 5-609(A)



A-16




AR-2 DISTRICT


Facilities Child or adult day care center S Section 5-609(B)


Agricultural cultural center S Section 5-634


Structures or uses for local government purposes not otherwise listed

S

Education

School (elementary, middle, or high) S

Vocational school S

Park and Open Space

Arboretum P Section 5-636






P


S

Public Safety Fire and/or rescue station P Section 5-638

Police station or substation P Section 5-638

Religious Assembly

Church, synagogue, temple or mosque, with seating capacity of 300 or less seats in sanctuary or main activity area

P Section 5-639



A-17




AR-2 DISTRICT


Church, synagogue, temple or mosque, with seating capacity of more than 300 in sanctuary or main activity area, or accessory schools, day care centers with more than 50 children, recreational facilities

S Section 5-639

Utility

General Use Category P

Recycling drop-off collection center, public: Section 5-607 Utility substation, transmission: Section 5- 616(A) Utility substation, distribution: Section 5- 616(B)

Municipal drinking water supply reservoir P

Sewage Treatment Plant S Section 5-621

Sewer Pumping Station P Section 5-621

Water Storage Tank S Section 5-621

Water Treatment Plant S Section 5-621

Water Pumping Station P Section 5-621

Utility transmission lines, overhead (excluding connections of lines from public utility transmission lines to individual development sites)


COMMERCIAL USES


Conference and training centers M Section 5-640

Rural agricultural corporate retreat P Section 5-619

Rural Resort M Section 5-601(C)

Rural Retreat M Section 5-601(C)



A-18




AR-2 DISTRICT


Food and Beverage

Teahouse; coffeehouse P Section 5-641

Banquet/Event facilityFacility M Section 5-642

Restaurant M Section 5-643

Office

Educational or research facilities use related to the agriculture, horticulture and animal husbandry uses in the district

M Section 5-644



Camp, day and boarding, with more than 30 campers M Section 5-645

Campground M Section 5-646

Country Club S Section 5-660

Cross country ski business P Section 5-647



Outdoor amphitheater S Section 5-649

Private Club or Lodge S



Antique shop P Section 5-650

Art gallery or art studio P Section 5-650

Auction house S Section 5-651

Craft shop S Section 5-650

Small business P/M Section 5-614



A-19




AR-2 DISTRICT




Bed and breakfastBreakfast Inn P/M Section 5-601(AB)

Country innInn P/M Section 5-601(BC)

Country Inn with Restaurant M Section 5-601(C)

Guest farm or ranch leasing up to 20 guest rooms P

INDUSTRIAL USES






Telecommunications transmission tower S Section 5-618(C)(2)

Waste-Related Uses

Vegetative waste management facility S

(Grant of a special exception does not avoid requirements of Chapter 1080, Codified Ordinances of Loudoun County, or any other applicable law.)

Yard waste composting facility S

(Grant of a special exception does not avoid requirements of Chapter 1080, Codified Ordinances of Loudoun County, or any other applicable law.)




A-20

Section 2-300 A-10 Agriculture

2-301 Purpose. This district is established to protect rural areas of the county in which agriculture, farm operations, and low density residential development on parcels in excess of ten (10) acres have become the established land use pattern, and to provide an environment which encourages residents to continue to live and practice agricultural operations without adverse impacts arising from new, higher density development. The district permits uses compatible with and supportive of agriculture, including agriculturally related and home based businesses appropriate to a rural and farm setting. The district also permits direct marketing of farm products and services in conjunction with farm operations. The rezoning of land to A-10 in other areas of the County shall not be permitted.

2-302 Permitted Uses. The following uses are permitted in this district:

(A) Agriculture, horticulture, forestry, and fishery, pursuant to Section 5-626.

(B) Accessory apartment or dwelling unit, pursuant to Section 5-613.

(C) Bed and breakfast Breakfast homestayHomestay, pursuant to Section 5-601(A).

(D) Child care home, pursuant to Section 5-609(A).

(E) Cluster development, pursuant to Section 2-305.

(F) Equestrian facility, on lots of fifty (50) acres or more, with frontage on a state maintained road.

(G) Farm machinery sales and service, pursuant to Section 5-615.

(H) Guest farm or ranch, leasing no more than three (3) guest rooms.

(I) Guest house, pursuant to Section 5-612.

(J) Rural hamlet, pursuant to Section 5-702.

(K) Home occupation, pursuant to Section 5-400.

(L) Nature preserve, such as but not limited to, wildlife sanctuary, conservation area, and game preserve.

(M) Nursery, production, with frontage on a state maintained road, pursuant to Section 5-605.

Section 2-300 Revision Date: December 3, 2007 February 19, 2014

Board of Supervisors Public Hearing 3/12/2014 ZOAM 2013-0008 Draft Text

A-21

(N) Public or private playground or neighborhood park.

(O) Recycling drop-off collection center, small, pursuant to Section 5-607.

(P) Dwelling, single family, detached, including manufactured housing.

(Q) Small business, pursuant to Section 5-614.

(R) Stable, neighborhood, on lots of twenty five (25) acres or more, with frontage on a state maintained road.

(S) Stable, private.

(T) Tenant dwelling, pursuant to Section 5-602(A) & (C).

(U) Wayside stand pursuant to Section 5-604.

(V) Utility substation, dedicated.

(W) Veterinary service.

(X) Bus shelter.

(Y) Commuter parking lot, with less than 50 spaces.

(Z) Sewer pumping station.

(AA) Mill, feed and farm supply center.

(BB) Water pumping station.

(CC) Rural agricultural corporate retreat, pursuant to Section 5-619.

(DD) Pet Farm.

(EE) Telecommunications antenna, pursuant to Section 5-618(A).

(FF) Telecommunications monopole, pursuant to Section 5-618(B)(1).

(GG) Bed and Breakfast Inn, pursuant to Section 5-601(B).

2-303 Special Exception Uses. The following uses may be approved by the Board of Supervisors and, if approved, may be subject to certain conditions, pursuant to the provisions in Section 6-1300.

(A) Airport



A-22

(B) Bed and breakfast inn pursuant to Section 5-601(B).RESERVED.

(C) Community center.

(D) Country innInn, pursuant to 5-601(C), by Minor Special Exception.

(E) Camp, day and boarding.

(F) Educational or research facilities related to uses permitted in this district.

(G) Equestrian facility, on lots of less than fifty (50) acres or without state maintained road frontage.

(H) Extraction of sedimentary rock.

(I) Farm market, pursuant to Section 5-603.

(J) Fire and/or rescue station.

(K) Guest farms or ranch, leasing four to twenty (4-20) guest rooms.

(L) Private club or lodge.

(M) Nursery, production without frontage on a state maintained road, pursuant to Section 5-605.

(N) Orphanage, or similar institution.

(O) Small business, pursuant to the provisions of Section 5-614.

(P) Stable, neighborhood, on lots of less than fifty (50) acres or without state maintained road frontage.

(Q) Structure or use for federal, state, county or local government purposes, not otherwise listed.

(R) Tenant dwelling, pursuant to Section 5-602.

(S) Utility transmission lines, overhead.

(T) Animal hospital.

(U) Kennel, pursuant to Section 5-606.

(V) Yard waste composting facility.



A-23

(W) Cemetery, mausoleum or memorial park, pursuant to Section 5-637.

(X) Church, synagogue and temple.

(Y) Convent, monastery, or seminary, pursuant to Section 5-656.

(Z) Child or adult day care center, pursuant to Section 5-609.

(AA) Commuter parking lot with greater than 50 spaces.

(BB) Congregate housing facility.

(CC) Country club.

(DD) Golf course.

(EE) Public or private community or regional park.

(FF) Sawmill, pursuant to Section 5-629.

(GG) Agricultural processing facilities, such as abattoir, cannery, grain mill and the like.

(HH) Water storage tank pursuant Section to 5-621.

(II) Water treatment plant, pursuant to Section 5-621.

(JJ) Sewage treatment plant pursuant to Section 5-621.

(KK) Rural resort, pursuant to Section 5-601.

(LL) Crematorium, pursuant to Section 5-637.

(MM) Rural agricultural corporate retreat, pursuant to Section 5-619.

(NN) Vegetative waste management facility.

(OO) Telecommunications monopole, pursuant to Section 5-618(B)(2).

(PP) Telecommunications tower, pursuant to Section 5-618(C)(2).

(QQ) Police Station.

(RR) Banquet/Event Facility, pursuant to Section 5-642 as a Minor Special Exception.

(QQ)(SS) Country Inn with Restaurant, pursuant to 5-601(C).



A-24

Section 2-400 A-3 Agricultural Residential.

2-401 Purpose. This district is established to provide for the continued practice of agriculture, farm operations, agriculturally related and home based businesses, low density residential developments, preferably in a hamlet subdivision pattern, and other uses in a predominantly rural environment. The district also permits direct marketing of farm products and services.


(A) Agriculture, horticulture, forestry, and fishery, pursuant to Section 5-626.




(E) Equestrian facility, on lots of fifty (50) acres or more, with frontage on a state maintained road.

(F) Guest farm or ranch, leasing no more than three (3) guest rooms.

(G) Guest house, pursuant to Section 5-612.

(H) Rural hamlet, pursuant to Section 5-702.

(I) Home occupation, pursuant to Section 5-400.

(J) Nature preserve, such as but not limited to, wildlife sanctuary, conservation areas, and game preserve.

(K) Nursery, production, with frontage on a state maintained road, pursuant to Section 5-605.

(L) Public or private playground, or neighborhood park.

(M) Recycling drop-off collection center, small, pursuant to Section 5-607.

(N) School, private elementary or middle, for fifteen or less (15) pupils.

(O) Dwelling, single-family, detached, including manufactured housing.



A-25

(P) Small business, pursuant to the provisions of Section 5-614.

(Q) Stable, neighborhood on lots of twenty five (25) acres or more, with frontage on a state maintained road.

(R) Stable, private.

(S) Tenant dwelling, pursuant to Section 5-602(A) & (C).

(T) Wayside stand, pursuant to Section 5-604.

(U) Utility substation, dedicated.

(V) Bus shelter.

(W) Commuter parking lot, with 50 spaces or less.

(X) Farm machinery sales and service, pursuant to Section 5-615.

(Y) Sewer pumping station, pursuant to Section 5-621.

(Z) Water pumping station, pursuant to Section 5-621.

(AA) Mill, feed and farm supply center.

(BB) Rural agricultural corporate retreat, pursuant to Section 5-619.

(CC) School, public.

(DD) Pet Farm.

(EE) Telecommunications antenna, pursuant to Section 5-618(A).


(GG) Municipal drinking water supply reservoir.

(HH) Bed and Breakfast Inn, pursuant to Section 5-601(B).

2-403 Special Exception Uses. The following uses may be approved by the Board of Supervisors and, if approved, may be subject to certain conditions, pursuant to the provisions in Section 6-1300.

(A) Bed and breakfast inn, pursuant to Section 5-601(B).RESERVED

(B) Cemetery, mausoleum or memorial park, pursuant to Section 5-637.



A-26

(C) Church, synagogue and temple.

(D) Nursery, commercial, pursuant to Section 5-605.

(E) Community center.

(F) Convent, monastery, or seminary, pursuant to Section 5-656.

(G) Country innInn, pursuant to Section 5-601(C), by Minor Special Exception.

(H) Camp, day and boarding.

(I) Equestrian facility, on lots of less than fifty (50) acres or without frontage on a state maintained road.

(J) Extraction of sedimentary rock.

(K) Farm market, pursuant to Section 5-603.

(L) Fire and/or rescue station.

(M) Guest farm or ranch, leasing four to twenty (4-20) guest rooms.

(N) Kennel, pursuant to Section 5-606.

(O) Nursery, production, without frontage on a state maintained road, pursuant to Section 5-605.

(P) Private club or lodge.

(Q) School.

(R) Public utility service center and storage yard.

(S) Recycling drop-off collection center, large, pursuant to Section 5-607.

(T) Continuing care facility.

(U) Orphanage, or similar institution.

(V) Rural retreat, pursuant to Section 5-601(D).

(W) Small business, pursuant to the provisions of Section 5-614.

(X) Stable, neighborhood, on lots less than twenty-five (25) acres, or without frontage on a state maintained road.



A-27

(Y) Structure or use for federal, state, county, or local governmental purposes, not otherwise listed.

(Z) Tenant dwelling, pursuant to Section 5-602(B) & (C).

(AA) Testing station.

(BB) Veterinary service.

(CC) Utility substation, transmission, pursuant to 5-616.

(DD) Utility transmission lines, overhead.

(EE) Hospital, pursuant to Section 5-610.


(GG) Yard waste composting facility.

(HH) Airport.

(II) Arboretum.

(JJ) Auction house.

(KK) Borrow pit for construction.

(LL) Child or adult daycare center, pursuant to Section 5-609.

(MM) Commuter parking lot with greater than 50 spaces.

(NN) Congregate housing facility.

(OO) Country club.

(PP) Educational or research facility related to uses permitted in this district.

(QQ) Fairgrounds.

(RR) Golf course

(SS) Marina.

(TT) Playing fields and courts, lighted.

(UU) Public or private community or regional park.



A-28

(VV) Radio and/or television tower.

(WW) Sawmill, pursuant to Section 5-629.

(XX) Sewage treatment plant.

(YY) Agricultural processing facilities such as, abattoir, cannery, grain mill, and the like.

(ZZ) Animal hospital.

(AAA) Water storage tank.

(BBB) Utility substation, distribution, pursuant to Section 5-616.

(CCC) Rural resort, pursuant to Section 5-601.

(DDD) Crematorium, pursuant to Section 5-637.

(EEE) Rural agricultural corporate retreat, pursuant to Section 5-619.

(FFF) Vegetative waste management facility.

(GGG) Recreation establishment, outdoor or indoor.

(HHH) Magazine contained explosives facility, pursuant to Section 5-622.

(III) Telecommunications tower, pursuant to Section 5-618(C)(2).

(JJJ) Police Station.

(KKK) Banquet/Event Facility, pursuant to Section 5-642, by Minor Special Exception.

(JJJ)(LLL) Country Inn with Restaurant, pursuant to Section 5-601(C).



A-29

Section 2-500 Countryside Residential-1: CR-1

2-501 Purpose. This district is established to foster the conversion of existing residential properties zoned R-1 under the 1972 Zoning Ordinance which are not served by communal or municipal water and sewer. These areas can be served by on-site well and wastewater systems, but are areas in which the County encourages a countryside hamlet pattern served by public water and sewer facilities to preserve open space and to achieve a traditional design envisioned in the Comprehensive Plan.

2-502 Size and Location. The Comprehensive Plan does not support the creation of additional districts having development of a type characteristic of the CR-1 district, and this district is not intended to be enlarged beyond the limits mapped for this district with the adoption of this Ordinance.


(A) Agriculture, horticulture, forestry and fisheries, pursuant to Section 5-626.



(D) Child care home, pursuant to Section 5-609.

(E) Nature preserve, such as but not limited to, wildlife sanctuary, conservation area, and game preserve.

(F) Dwelling, single family detached.

(G) Home occupation, pursuant to Section 5-400.

(H) Public or private playground, or neighborhood park.

(I) Tenant dwelling, pursuant to Section 5-602(A) & (C).

(J) Guest house, pursuant to Section 5-612.

(K) Wayside stand, pursuant to Section 5-604, when located on a parcel ten (10) acres or greater.

(L) School, private elementary or middle, for fifteen or less (15) pupils.

(M) Bus shelter.



A-30

(N) Commuter parking lot, with less than 50 spaces.

(O) Nursery, production with state road frontage, pursuant to Section 5-605.

(P) Recycling drop off collection center, small, pursuant to Section 5-607.

(Q) Sewer pumping station pursuant to Section 5-621.

(R) Stable, neighborhood, on greater than twenty-five (25) acres with frontage on a state maintained road.

(S) Stable, private.

(T) Utility substation, dedicated.

(U) Water pumping station, pursuant to Section 5-621.

(V) School, public.

(W) Pet Farm.

(X) Compact cluster development option, pursuant to Section 2-507.

(Y) Telecommunications antenna, pursuant to Section 5-618(A).

(Z) Telecommunications monopole, pursuant to Section 5-618(B)(1).

2-504 Special Exception Uses. The following uses may be approved by the Board of Supervisors, and, if approved, may be subject to certain conditions, pursuant to the provisions of Section 6-1300.

(A) Bed and breakfast innInn, pursuant to Section 5-601(B), by Minor Special Exception.

(B) Cemetery, mausoleum, or memorial park, pursuant to Section 5-637.


(D) Community center.

(E) Congregate housing facility.

(F) Country club.



A-31


(H) Fire and/or rescue station.

(I) Orphanage or other similar institution.

(J) Private club or lodge.

(K) Recycling drop off collection center, large, pursuant to Section 5-607.

(L) Sewage treatment plant, pursuant to Section 5-621.

(M) Tenant dwelling, pursuant to Section 5-602(B) & (C).

(N) Utility transmission line, overhead.

(O) Water treatment plant, pursuant to Section 5-621.

(P) Stable, neighborhood, on less than twenty five (25) acres or without frontage on a state maintained road.

(Q) Kennel, pursuant to Section 5-606.

(R) Veterinary service.

(S) Animal hospital.

(T) Camp, day and boarding, pursuant to Section 5-645.

(U) Nursery, production without state road frontage, pursuant to Section 5-605.

(V) Library.

(W) Golf course.

(X) Child or adult daycare center, pursuant to Section 5-609.

(Y) Commuter parking lot, with greater than 50 spaces.

(Z) Structure or use primarily for federal, state, county, or local governmental purposes, not otherwise listed.

(AA) Playing fields and courts, lighted.

(BB) Public or private community or regional park.



A-32

(CC) Public utility service center and storage yard.

(DD) Radio and/or television tower.

(EE) Continuing care facility.

(FF) School.

(GG) Utility substation, transmission, pursuant to Section 5-616.

(HH) Water storage tank.

(II) Utility substation, distribution, pursuant to Section 5-616.

(JJ) Rural resort, pursuant to Section 5-601.

(KK) Crematorium, pursuant to Section 5-637.

(LL) Recreation establishment, outdoor.

(MM) Telecommunications monopole, pursuant to Section 5-618(B)(2).

(NN) Telecommunications tower, pursuant to Section 5-618(C)(2).

(OO) Police Station.

(PP) Banquet/Event Facility, pursuant to Section 5-642.

(OO)(QQ) Country Inn with Restaurant, pursuant to Section 5-601(C).



A-33


2-601 Purpose. This district is established to foster the conversion of existing residential properties zoned R-2 under the 1972 Zoning Ordinance which are not served by communal or municipal water and sewer facilities. These areas can be served by on-site well and wastewater systems at lower densities, but are areas in which the County allows higher densities when a cluster development pattern is served by public water and/or sewer facilities to preserve open space and to achieve a traditional design as envisioned in the Comprehensive Plan.

2-602 Size and Location. The Comprehensive Plan does not support the creation of additional districts having development of a type characteristic of a CR-2 district, and this district is not intended to be enlarged beyond the limits mapped to this district with the adoption of this Ordinance.






(E) Nature preserve, such as but not limited to, wildlife sanctuary, conservation area, and game preserve.

(F) Dwelling, single family detached.

(G) Guest house, pursuant to Section 5-612.

(H) Home occupation, pursuant to Section 5-400.

(I) Public or private playground, or neighborhood park.

(J) Tenant dwelling, pursuant to Section 5-602(A) & (C).

(K) Compact cluster development option, pursuant to Section 2-607.

(L) Bus shelter.

(M) Commuter parking, lot, with less than 50 spaces.



2-34

A-34

(N) Recycling drop off collection center, small, pursuant to Section 5-607.

(O) Sewer pumping station, pursuant to Section 5-621.

(P) Utility substation, dedicated.

(Q) Water pumping station, pursuant to Section 5-621.

(R) School, private elementary or middle, for fifteen (15) or less pupils.

(S) School, public.

(T) Pet Farm.

(U) Telecommunications antenna, pursuant to Section 5-618(A).

(V) Telecommunications monopole, pursuant to Section 5-618(B)(1).







(F) Country club.



(I) Orphanage, or other similar institution.


(K) School.



2-35

A-35


(M) Tenant dwelling, pursuant to Section 5-602(B) & (C).

(N) Utility transmission lines, overhead.

(O) Water treatment plant.

(P) Library.

(Q) Golf course.

(R) Child or adult daycare, pursuant to Section 5-609.

(S) Commuter parking lot, with greater than 50 spaces.

(T) Structure or use primarily for federal, state, county, or local governmental purposes, not otherwise listed.

(U) Playing fields and courts, lighted.

(V) Public or private community or regional park.

(W) Radio and/or television tower.

(X) Continuing care facility.

(Y) Utility substation, transmission, pursuant to Section 5-616.

(Z) Water storage tank.

(AA) Utility substation, distribution, pursuant to Section 5-616.

(BB) Telecommunications monopole, pursuant to Section 5-618(B)(2).

(CC) Telecommunications tower, pursuant to Section 5-618(C)(2).

(DD) Police Station.

(EE) Banquet/Event Facility, pursuant to Section 5-642.

(DD)(FF) Country Inn with Restaurant, pursuant to Section 5-601(C)



2-36

A-36


2-701 Purpose. This district is established to foster the conversion of existing residential properties zoned R-2 under the 1972 Zoning Ordinance which are served by public sewer only. These areas can be served by on-site well and wastewater systems at lower densities, but are areas in which the County allows higher densities when a cluster development pattern is served by public water and/or sewer facilities to preserve open space and to achieve a traditional design as envisioned in the Comprehensive Plan.





(C) Child care home, pursuant to Section 5-609(A).

(D) Nature preserve, such as but not limited to, wildlife sanctuary, conservation area, and game preserve.

(E) Dwelling, single family detached.

(F) Guest house, pursuant to Section 5-612.



(I) Compact cluster development option, pursuant to Section 2-707.

(J) Bus shelter.

(K) Commuter parking lot, with less than 50 spaces.

(L) Recycling drop off collection center, small, pursuant to Section 5-607.

(M) Sewer pumping station pursuant to Section 5-621.

(N) Water pumping station pursuant to Section 5-621.



2-37

A-37

(O) Utility substation, dedicated.

(P) School, private elementary or middle, for less than 15 pupils.

(Q) School, public.

(R) Pet Farm.

(S) Telecommunications antenna, pursuant to Section 5-618(A).

(T) Telecommunications monopole, pursuant to Section 5-618(B)(1).




(C) Church, synagogue and temple, pursuant to Section 5-639.



(F) Country club.





(K) School.


(M) Utility transmission lines, overhead.

(N) Water treatment plant, pursuant to Section 5-621.

(O) Library.



2-38

A-38

(P) Golf course.

(Q) Child or adult daycare, pursuant to Section 5-609.

(R) Commuter parking lot, with greater than 50 spaces.

(S) Structure or use primarily for federal, state, county, or local governmental purposes, not otherwise listed.

(T) Playing fields and courts, lighted.

(U) Public or private community or regional park.

(V) Radio and/or television tower.

(W) Utility substation, transmission, pursuant to Section 5-616.

(X) Water storage tank.

(Y) Utility substation, distribution, pursuant to Section 5-616.

(Z) Telecommunications monopole, pursuant to Section 5-618(B)(2).

(AA) Telecommunications tower, pursuant to Section 5-618(C)(2).

(BB) Police Station.

(CC) Banquet/Event Facility, pursuant to Section 5-642.

(BB)(DD) Country Inn with Restaurant, pursuant to Section 5-601(C).

2-7062-705 Lot Requirements for Lots Served By On-Site Well and Wastewater Systems.

(A) Size. Forty thousand (40,000) square feet minimum.

(B) Width. One hundred seventy five (175) feet minimum.

(C) Yards. Each lot shall provide the following yards:

(1) Front. Twenty five (25) feet minimum.

(2) Side. Minimum of twelve (12) feet on one side and nine (9) feet on the other side.

(3) Rear. Fifty (50) feet minimum.



2-39

A-39

(D) Length/Width Ratio: 5:1 maximum.

(E) Maximum Residential Density. One lot per 40,000 square feet calculated on the overall parcel, exclusive of streets.



2-40

A-40


2-801 Purpose. This district is established to foster the conversion of existing residential properties zoned R-4 under the 1972 Zoning Ordinance which are not served by public water and public sewer. These areas can be served by on-site well and wastewater systems at lower densities, but are areas in which the County allows higher densities when a cluster development pattern is served by public water and/or sewer facilities, to preserve open space and to achieve a traditional design as envisioned in the Comprehensive Plan.



(A) Agriculture, horticulture, forestry and fisheries.


(C) Child care home, pursuant to Section 5-609(A).

(D) Nature preserve, such as but not limited to, wildlife sanctuary, conservation area, and game preserve.

(E) Dwelling, single family detached.

(F) Guest house, pursuant to Section 5-612.



(I) Bus shelter.

(J) Commuter parking lot, with less than 50 spaces.

(K) Recycling drop off collection center, small, pursuant to Section 5-607.

(L) Sewer pumping station, pursuant to Section 5-621.

(M) Water pumping station, pursuant to Section 5-621.

(N) Utility substation, dedicated.



2-41

A-41

(O) School, public.

(P) Pet Farm.

(Q) Telecommunications antenna, pursuant to Section 5-618(A).

(R) Telecommunications monopole, pursuant to Section 5-618(B)(1).


(A) Cemetery, mausoleum, or memorial park.

(B) Church, synagogue and temple.

(C) Community center.

(D) Congregate housing facility.

(E) Country club.

(F) Country innInn, pursuant to Section 5-601(C), by Minor Special Exception.

(G) Fire and/or rescue station.

(H) Orphanage or other similar institution.

(I) Private club or lodge.

(J) School.

(K) Sewage treatment plant, pursuant to Section 5-621.

(L) Utility transmission lines, overhead.

(M) Water treatment plant, pursuant to Section 5-621.

(N) Library.

(O) Golf course.

(P) Child or adult daycare center, pursuant to Section 5-609.

(Q) Commuter parking lot, with greater than 50 spaces.



2-42

A-42

(R) Structure or use primarily for federal, state, county, or local governmental purposes, not otherwise listed.

(S) Playing fields and courts, lighted.

(T) Public or private community or regional park.

(U) Radio and/or television tower.

(V) Utility substation, transmission, pursuant to Section 5-616.

(W) Water storage tank.

(X) Utility substation, distribution, pursuant to Section 5-616.

(Y) Telecommunications monopole, pursuant to Section 5-618(B)(2).

(Z) Telecommunications tower, pursuant to Section 5-618(C)(2).

(AA) Police Station.

(BB) Banquet/Event Facility, pursuant to Section 5-642.

(AA)(CC) Country Inn with Restaurant, pursuant to Section 5-601(C)



2-43

A-43

Section 2-900 RC Rural Commercial District.

2-901 Purpose. This district is established for the conversion of existing commercial properties zoned C-1 under the 1972 Zoning Ordinance which are located sporadically in rural Loudoun but deemed appropriate to be retained as commercially zoned land for development to a more preferred development pattern. The district is also established in other areas to allow for residential and commercial uses where existing settlement patterns provide a unique opportunity for a variety of permitted and special exception uses. Uses in the RC District shall be compatible with existing village and neighborhood scale and character and allow local, neighborhood related commercial uses to be developed.

2-902 Size and Location. New rural commercial districts shall be of a sufficient size to allow for a variety of uses, and shall only be located inside existing rural villages, which are those areas within the Village Conservation Overlay District, or those areas deemed appropriate for the range of uses that are allowed within the district.


(A) Agriculture, horticulture, forestry or fishery, pursuant to Section 5-626.

(B) Art gallery.

(C) Business service establishment.


(E) Convenience food store, without gas pumps, pursuant to Section 5-617.

(F) Farm market, pursuant to Section 5-603.

(G) Farm machinery sales and service, pursuant to Section 5-615.

(H) Nursery, commercial, pursuant to Section 5-605.

(I) Personal service establishment.

(J) Post office, drop off and pick up.

(K) Public utility service center, without outdoor storage.

(L) Recycling collection center, small, pursuant to Section 5-607.

Section 2-900 Revision Date: July 17, 2012 February 19, 2014 Board of Supervisors Public Hearing 3/12/2014


2-44

A-44

(M) Restaurant, including carry out.

(N) Residential uses.

(O) Retail sales establishment.

(P) Studio space - artist, crafts person, writer, etc.

(Q) Bank or financial institution, pursuant to Section 5-659.

(R) Theatre, indoor.

(S) Home service establishment.

(T) Office, administrative, business, and professional.

(U) Office, medical and dental.

(V) Park.

(W) Veterinary service.

(X) Wayside stand.

(Y) Commuter parking lot.

(Z) Facilities for lessons in dance, gymnastics, judo, and sports training.

(AA) Utility substation, dedicated.

(BB) Animal hospital.

(CC) Church, synagogue, and temple.

(DD) Dwelling, accessory to a permitted or special exception use.

(EE) Farm supplies.

(FF) Printing service.

(GG) Water pumping station, pursuant to Section 5-621.

(HH) Sewer pumping station, pursuant to Section 5-621.

(II) Food store.

(JJ) Library.



2-45

A-45

(KK) Telecommunications antenna, pursuant to Section 5-618(A).

(LL) Telecommunications monopole, pursuant to Section 5-618(B)(1).

(MM) Contractor’s Service Establishment, limited to landscape contractors and lawn maintenance services.

(NN) Mill, feed and grain.

(OO) Training Facility, accessory to a permitted or special exception use.

(PP) Bed and Breakfast Homestay, pursuant to Section 5-601(A).

2-904 Special Exception Uses. The following uses may be approved by the Board of Supervisors, and, if approved, may be subject to certain conditions, pursuant to the provisions in Section 6-1300.

(A) Any one permitted use in excess of 10,000 sq. ft. in gross floor area provided that agricultural uses, mill, feed and grain, farm supplies, farm market, and farm machinery sales and service are not subject to this limit.

(B) Auction facility, livestock.

(C) Automobile service station.

(D) Funeral home or mortuary.

(E) Private club or lodge.

(F) Motor vehicle sales and accessory service.

(G) Hotel/Motel.

(H) Motor vehicle service and repair, accessory to an approved use.

(I) Gas pumps accessory to a convenience food store, pursuant to Section 5-617.

(J) Recreation establishment, outdoor.

(K) Fire and/or rescue station.

(L) Mass transit facilities and stations.

(M) Adult daycare center.



2-46

A-46

(N) Child care center, pursuant to Section 5-609.

(O) Recreation establishment, indoor.

(P) Auction house.

(Q) Sewage treatment plant, pursuant to Section 5-621.

(R) Water treatment plant, pursuant to Section 5-621.

(S) Water storage tank, pursuant to Section 5-621.

(T) Crematorium, pursuant to Section 5-637.

(U) School, private, accessory to a church.

(V) Car wash, accessory to a convenience food store, pursuant to Section 5-617.

(W) Telecommunications monopole, pursuant to Section 5-618(B)(2).

(X) Telecommunications tower, pursuant to Section 5-618(C)(2).

(Y) Police Station.

(Z) Training Facility.

(AA) Banquet/Event Facility, pursuant to Section 5-642.

(BB) Bed and Breakfast Inn, pursuant to Section 5-601(B), by Minor Special Exception.

(CC) Country Inn, pursuant to Section 5-601(C), by Minor Special Exception.

(Z)(DD) Country Inn with Restaurant, pursuant to Section 5-601(C).



2-47

A-47

DIVISION B: JOINT LAND MANAGEMENT AREA (JLMA) DISTRICTS

Section 2-1000 Joint Land Management Area-1 District: JLMA-1

2-1001 Purpose and Intent. This district is established to accommodate and foster the development of land within the joint land management areas (JLMAs) outside the incorporated towns in Loudoun County to:

(A) Ensure development in the JLMA-1 district is consistent with the JLMA serving as a gateway to the towns;

(B) Encourage an appropriate mix of residential and nonresidential land uses;

(C) Provide a variety of housing types and lot sizes;

(D) Where appropriate, achieve a pattern of development that generally conforms to the established, traditional pattern of development in the towns;

(E) Establish the type and scale of development desired for the entranceway of the towns; and

(F) Implement jointly adopted area plans, where applicable.

2-1002 Size and Location. This district modifies and replaces the Countryside Residential (CR-1) district within the JLMAs. It is the intent of the County that the JLMA-1 boundaries not be extended beyond the existing JLMA boundaries. The limits of this district are as designated on the Zoning Map.

2-1003 Use Regulations. Table 2-1003 summarizes the principal use regulations of the JLMA-1 district.

(A) Organization of Use Table. Table 2-1003 organizes the uses in the JLMA-1 district Use Table by Use Classifications, Use Categories and Use Types.

(1) Use Classifications. The Use Classifications are: residential uses; agricultural uses; public and institutional uses; commercial uses; and industrial uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., residential uses and agricultural uses). The Use Classifications then organize land uses and activities into general “Use Categories” and specific “Use Types” based on common functional, product, or physical

Section 2-1000 Revision Date: April 20, 2010 February 19, 2014


A-48

characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.

(2) Use Categories. The Use Categories describe the major sub-groups of the Use Classifications, based on common characteristics (e.g., the residential Use Classification is divided into two major Use Categories: Household Living and Group Living). Principal uses are identified in defining the Use Category. They are principal uses that most closely share the common characteristics that are key to the Use Category.

(3) Use Types. The Use Categories are then divided into specific Use Types. The specific Use Types are included in the respective Use Category. They identify the specific uses that are considered to fall within characteristics identified in the Use Category.


(C) Permitted and Special Exception Uses. A “P” in the column identified “JLMA-1” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the JLMA-1 district, subject to compliance with all applicable standards and regulations in this Ordinance and all other County ordinances. An “S” indicates that a Use Type is allowed in the JLMA-1 district as a special exception in accordance with the procedures and standards of Section 6-1300. In some instances, and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted under certain conditions, or allowed as a special exception under other conditions. These uses are identified as “P/S”.

(D) Reference to General Use Category. References to “General Use Category” under the Use Type column means all of the uses in the Use Category are allowed. The Use Category is defined in Article VIII. Where specific Use Types are listed in the Use Type column, only the listed Use Types in the Use Category are allowed. The Use Types are defined in Article VIII.

(E) Additional Regulations for Specific Uses. References to sections in the final column of Table 2-1003 (Additional Regulations for Specific Uses) indicate that the listed use is subject to use-specific



A-49

regulations. The numbers provide a cross-reference to the “Additional Regulations for Specific Uses” in Section 5-600.

TABLE 2-1003

JLMA-1 JOINT LAND MANAGEMENT AREA-1 DISTRICT USE TABLE

P = PERMITTED S = SPECIAL EXCEPTION

USE CATEGORY USE TYPE JLMA-1


RESIDENTIAL USES

Household Living


P Section 5-613


P Manufactured housing subject to Section 5-620

Guest house (accessory to single family detached dwelling)

P Section 5-612


P Section 5-400

Group Living

Congregate housing facility S

Continuing care facility S

Orphanage or similar institution S

Tenant dwelling S Section 5-602

AGRICULTURAL USES




Agriculture Support and Services Directly Related to On-going Agriculture, Horticulture and



Custom operators P



A-50

TABLE 2-1003 JLMA-1 JOINT LAND MANAGEMENT AREA-1 DISTRICT USE TABLE




Animal Husbandry Activity, On-Site

Direct market business for sale of products produced on-site- including but not limited to PYO (pick-your-own)

P Section 5-627


Equestrian facility, on lots of less than fifty (50) acres, or without frontage on a state maintained road

S Section 5-627

Farm based tourism events P Section 5-628


Farm machinery sales, rental, and services S Section 5-627



Mill feed and farm supply center S Section 5-627



Nursery, production, without frontage on a state maintained road

S Section 5-605



Stable, neighborhood, on lots less than twenty-five (25) acres, or without frontage on a state maintained road

S Section 5-627

Virginia Farm Winery P Section 5-627





A-51









Bus shelter P

Community center S

Community center, HOA facilities only P

Commuter parking lot, with greater than 50 spaces S

Commuter parking lot, with 50 spaces or less P

Library S

Structure or use for federal, state, County, or local governmental purposes, not otherwise listed

S

Education

School (elementary or middle), for fifteen (15) pupils or less

S Section 5-655

School (elementary, middle, or high), for more than 15 pupils S

Park and Open Space




Community, neighborhood or regional park, passive recreational uses

P

Community, neighborhood or regional park, active recreational uses

S

Wetlands mitigation bank P

Public Safety Fire and/or rescue station S Section 5-638



A-52





Police station or substation S Section 5-638

Religious Assembly

Church, synagogue or temple, with seating capacity of 300 or less in sanctuary or main area

P Section 5-639

Church, synagogue or temple, with seating capacity of more than 300 in sanctuary or main activity area, or with accessory schools, day care centers with more than 50 children, recreational facilities

S Section 5-639

Utility

Public utility service center and storage yard S Section 5-621

Recycling drop off collection center, public P Section 5-607

Recycling drop off collection center, private S Section 5-607

Sewer and water treatment plant S Section 5-621

Utility substation, distribution S Section 5-616

Utility transmission line, overhead (excluding connections of lines from public utility transmission lines to individual development sites)


Sewage and water pumping station P Section 5-621

Water storage tank S Section 5-621

COMMERCIAL USES


Camp, day and boarding S Section 5-645



Artist studio S

Small business P/S Section 5-614



A-53





Farm Market (off-site production) S Section 5-603


Bed and breakfastBreakfast, homestayHomestay P/S Section 5-601(A)

Bed and breakfast Breakfast Inn SM Section 5-601(AB)

INDUSTRIAL USES






Telecommunication tower S Section 5-618(C)(2)

.



A-54


2-1101 Purpose and Intent. This district is established to accommodate and foster the development of land within the joint land management areas (JLMAs) outside the incorporated towns in Loudoun County to:


(B) Encourage an appropriate mix of residential and nonresidential land uses;

(C) Provide a variety of housing types and lot sizes;

(D) Where appropriate, achieve a pattern of development that generally conforms to the established, traditional pattern of development in the towns;

(E) Establish the type and scale of development desired for the entranceway of the towns; and

(F) Implement jointly adopted area plans, where applicable.

2-1102 Size and Location. This district modifies and replaces the Countryside Residential (CR-2) district within the JLMAs. It is the intent of the County that the JLMA-2 boundaries not be extended beyond the existing JLMA boundaries.


(A) Organization of Use Table. Table 2-1103 organizes the uses in the JLMA-2 district Use Table by Use Classifications, Use Categories and Use Types.

(1) Use Classifications. The Use Classifications are: residential uses; agricultural uses; public and institutional uses; commercial uses; and industrial uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., residential uses and agricultural uses). The Use Classifications then organize land uses and activities into general “Use Categories” and specific “Use Types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.



A-55


(3) Use Types. The Use Categories are then divided into specific Use Types. The specific Use Types are included in the respective Use Category. They identify the specific uses that are considered to fall within characteristics identified in the Use Category. For example, single family detached dwellings are a Use Type in the Household Living Use Category.


(C) Permitted and Special Exception Uses. A “P” in the column identified “JLMA-2” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the JLMA-2 district, subject to compliance with all applicable standards and regulations in this Ordinance and all other County ordinances. An “S” indicates that a Use Type is allowed in the JLMA-2 district as a special exception in accordance with the procedures and standards of Section 6-1300. In some instances, and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted under certain conditions, or allowed as a special exception under other conditions. These uses are identified as “P/S”.

(D) Reference to General Use Category. References to “General Use Category” under the Use Type column means all of the uses in the Use Category are allowed. The Use Category is defined in Article VIII. Where specific Use Types are listed in the Use Type column, only the listed Use Types in the Use Category are allowed. The Use Types are defined in Article VIII.

(E) Additional Regulations for Specific Uses. References to sections in the final column of Table 2-1103 (Additional Regulations for Specific Uses) indicate that the listed use is subject to use-specific regulations. The numbers provide a cross-reference to the “Additional Regulations for Specific Uses” in Section 5-600.



A-56





RESIDENTIAL USES

Household Living


P Section 5-613




P Section 5-612


P Section 5-400

Group Living





AGRICULTURAL USES



Animal Husbandry General Use Category

P Section 5-626

Agriculture Support and Services directly related to on-going agriculture, horticulture and animal husbandry activity, on-site





P Section 5-627




A-57






S Section 5-627

Virginia farm winery P Section 5-627



Farm machinery sales, rental, and services S Section 5-627







S Section 5-605




S Section 5-627




Day Care Facilities Child care home P Section 5-609



A-58





Child or adult day care center S Section 5-609


Bus shelter P

Community center S



Commuter parking lot, with 50 spaces or less P

Library S


S

Education


S Section 5-655


Park and Open Space





P


S



Religious Assembly Church, synagogue or temple, with seating capacity of 300 or less in sanctuary or main area

P Section 5-639



A-59






S Section 5-639

Utility





Utility substation, distribution S Section 5-616


S Unless excepted by Section 1-103 (D)

Sewage and Water pumping station P Section 5-621


COMMERCIAL USES

Food and Beverage Restaurant S Section 5-643





Artist studio S


Farm market (off-site production) S Section 5-603


Bed and breakfast Breakfast homestayHomestay P/S Section 5-601(A)



A-60





Bed and breakfast Breakfast innInn SM Section 5-601(B)

INDUSTRIAL USES







.



A-61


2-1201 Purpose and Intent. This district is established to accommodate and foster the development of land within the town’s joint land management areas (JLMAs) outside the incorporated towns in Loudoun County to:


(B) Provide for the continued practice of agriculture, farm operations, agriculturally related and home based businesses, low density clustered residential developments and other uses in a predominantly rural environment;

(C) Encourage an appropriate mix of residential and nonresidential land uses;

(D) Where appropriate, achieve a pattern of development that generally conforms to the established, traditional pattern of development in the towns; and

(E) Implement jointly adopted plans where applicable.

2-1202 Size and Location. This district replaces the Agricultural Residential (A-3) district within the JLMAs. It is the intent of the County that the JLMA-3 district boundaries not be extended beyond the existing JLMA boundaries.


(A) Organization of Use Table. Table 2-1203 organizes the uses in the JLMA-3 district use table by Use Classifications, Use Categories and Use Types.

(1) Use Classifications. The Use Classifications are: residential uses; agricultural uses; public and institutional uses; commercial uses; and industrial uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., residential uses and agricultural uses). The Use Classifications then organize land uses and activities into general “Use Categories” and specific “Use Types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the



A-62

type of customers or residents, how goods or services are sold or delivered, and site conditions.




(C) Permitted and Special Exception Uses. A “P” in the column identified “JLMA-3” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the JLMA-3 district, subject to compliance with all applicable standards and regulations in this Ordinance and all other County ordinances. An “S” indicates that a Use Type is allowed in the JLMA-3 district as a special exception in accordance with the procedures and standards of Section 6-1300. In some instances, and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted as a matter of right under certain conditions, or allowed as a special exception under other conditions. These uses are identified as “P/S”.

(D) Reference to General Use Category. References to “General Use Category” under the Use Type column mean all of the uses in the Use Category are allowed. The Use Category is defined in Article VIII. Where specific Use Types are listed in the Use Type column, only the listed Use Types in the Use Category are allowed. The Use Type is defined in Article VIII.

(E) Additional Regulations for Specific Uses. References to sections in the final column of Table 2-1203 (Additional Regulations for



A-63

Specific Uses) indicate that the listed use is subject to use-specific regulations. The numbers provide a cross-reference to the “Additional Regulations for Specific Uses” in Section 5-600.





RESIDENTIAL USES

Household Living

Accessory apartment or dwelling (accessory to single family detached dwelling)

P Section 5-613




P Section 5-612

Home occupation dwelling (accessory to single family detached dwelling)

P Section 5-400

Group Living



Convent, monastery, or seminary S Section 5-656



AGRICULTURAL USES






A-64










P Section 5-627


Equestrian facility, with more than 10 special events per year S Section 5-627

Equestrian facility, on lots of less than 50 acres or without frontage on a state maintained road

S Section 5-627




Farm machinery sales, rental, and service S Section 5-627






S Section 5-605





A-65






S Section 5-627

Virginia Farm Winery P Section 5-627



Animal Services

Animal hospital S Section 5-631

Kennel S Section 5-606(A)

Kennel, Indoor P Section 5-606(B)

Veterinary service P Section 5-627





Bus shelter P

Community center S



Commuter parking lot, with less than 50 spaces P

Library S


S

Education School (elementary or middle), for fifteen (15) or less pupils

P Section 5-655



A-66






School, Private S

Health Services Office, medical S

Hospital S Section 5-610

Park and Open Space

Arboretum S





P


S



Religious Assembly

Church, synagogue or temple, with seating capacity of 300 or less in sanctuary or main area

P Section 5-639


S Section 5-639

Utility



Sewage and water treatment plant S Section 5-621

Utility substation, dedicated P Section 5-621



A-67





Utility substation, transmission S Section 5-616 and 5-621





COMMERCIAL USES


Rural agricultural corporate retreat S Section 5-619

Food and Beverage Banquet/Event Facility S Section 5-642

Restaurant S Section 5-643

Office Educational or research facility related to the uses in this district

S



Country club S


Private club or lodge S

Recreation establishment, outdoor S


Artist studio S


Farm market (off-site production) S Section 5-603


Bed and breakfastBreakfast, homestayHomestay P/S Section 5-601(A)




A-68





Country innInn MS Section 5-601(C)

Country Inn with Restaurant S Section 5-601(C)

Guest farm or ranch, leasing no more than three (3) guest rooms

P

INDUSTRIAL USES

Telecommunications Use and/or Structure





.



A-69

Section 2-1300 JLMA-20 (JOINT LAND MANAGEMENT AREA – 20)

2-1301 Purpose and Intent. The purpose and intent of the JLMA-20 district is to:

(A) Provide for uses that are compatible with the Leesburg Executive Airport and allow for future expansion of the airport and/or existing agricultural use.

(B) Provide for the continued practice of agriculture, farm operations, agriculturally related and home based businesses.

(C) Encourage an appropriate mix of land uses;

(D) Implement jointly adopted area plans, where applicable.

2-1302 Size and Location. It is the intent of the County that the JLMA-20 district boundaries not be extended beyond the existing JLMA-20 boundaries.


(A) Organization of Use Table. Table 2-1303 organizes the uses in the JLMA-20 district by Use Classifications, Use Categories and Use Types.

(1) Use Classifications. The Use Classifications are: agricultural uses; residential use; public and institutional uses; commercial uses; and industrial uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., agricultural uses and residential uses). The Use Classifications then organize land uses and activities into general “Use Categories” and specific “Use Types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.

(2) Use Categories. The Use Categories describe the major sub-groups of the Use Classification, based on common characteristics (e.g., the residential Use Classification is divided into two major Use Categories: Household Living and Group Living). Principal uses are identified in defining the Use Category. They are principal uses that most closely



A-70

share the common characteristics that are key to the Use Category.



(C) Permitted and Special Exception Uses. A “P” in the column identified “JLMA-20” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the JLMA-20 district, subject to compliance with all applicable standards and regulations in this Ordinance and all other County ordinances. An “S” indicates that a Use Type is allowed in the JLMA-20 district as a special exception in accordance with the procedures and standards of Section 6-1300. In some instances, and based on the Additional regulations for Specific Uses (Section 5-600), a Use type will be permitted under certain conditions, or allowed as a special exception under other conditions. These uses are identified as “P/S”.

(D) Reference to General Use Category. References to “General Use Category” under the Use Type column, means all of the uses in the Use Category are allowed. The Use Category is defined in Article VIII. Where specific Use Types are listed in the Use Type column, only the listed Use Types in the Use Category are allowed. The Use Type is defined in Article VIII.

(E) Additional Regulations for Specific Uses. References to sections in the final column of Table 2-1303 (JLMA-20 District Use Table) indicate that the listed use is subject to use-specific regulations. The numbers provide a cross-reference to the “Additional Regulations for Specific Uses” in Section 5-600.



A-71





RESIDENTIAL USES

Household Living


P Section 5-613

Caretaker’s residence (accessory to single family detached dwelling)

P




P Section 5-400


P Section 5-612

Group Living

Dormitory, seasonal labor P Section 5-632

Tenant dwelling P Section 5-602

Tenant dwelling, seasonal labor P Section 5-602(C)

AGRICULTURAL USES



Animal Husbandry General Use Category

P Section 5-626

Agriculture Support and Services directly related to on-going agriculture, horticulture and animal husbandry activity, on-site




Commercial winery S Section 5-625




A-72






P Section 5-627







Nursery, commercial P Section 5-605


Stable P Section 5-627

Virginia farm winery P Section 5-627




Equestrian facility with more than 10 special events per year.

S Section 5-627

Agriculture Support and Services not directly related to on-going agriculture, horticulture and animal husbandry activity, on-site


Animal care businesses P

Equestrian facility P

Farm machine repair P



A-73






P

Stable, private P

Equestrian facility with more than 10 special events per year.

S Section 5-630

Equestrian facility, on lots of less than 50 acres or without frontage on a state maintained road.

S Section 5-630

Stable, neighborhood, on lots of less than 25 acres or without frontage on a state maintained road

S Section 5-630

Animal Services



Veterinary service P




General Government Use S Section 5-631


Education

School (elementary, middle, or high), S

Vocational school S

Park and Open Space






A-74








P


S



Religious Assembly

Church, synagogue, temple, or mosque, with seating capacity of 300 or less in sanctuary or main activity area

P Section 5-639

Church, synagogue, temple or mosque, with seating capacity of more than 300 in sanctuary or main activity area, or accessory schools, day care centers with more than 50 children.

S Section 5-639

Utility




Utility substation, dedicated S Section 5-621



S Unless excepted by Section 1-103 (D)

Sewage and Water pumping station P Section 5-621



A-75






COMMERCIAL USES

Retail Sales and Service Small Business S Section 5-614


Conference and training centers S Section 5-640


Food and Beverage Banquet/Event Facility M Section 5-642

Restaurant S



Camp, day and boarding, with more than 30 campersS S Section 5-645

Campground S Section 5-646

Cross-country ski business P Section 5-647





Bed and Breakfast Inn P Section 5-601(B)

Country Inn M Section 5-601(C)


UINDUSTRIAL USES

Telecommunication Use and/or Structure Telecommunications antenna P Section 5-618(A)



A-76

DIVISION C – TRANSITION DISTRICT REGULATIONS

Section 2-1400 TR-10 (Transitional Residential - 10)

2-1401 Purpose and Intent. The purpose and intent of the TR-10 district is to:

(A) Create a visual/spatial transition between the suburban area and the rural area of the County;

(B) Provide for an environment that is low density in character to facilitate a transition between the suburban area and the rural area of the County;

(C) Achieve a blend of rural and suburban development;

(D) Achieve a balance between the built and natural environment;

(E) Protect drinking water resources; and

(F) Implement requirements that open space be provided in conjunction with the standards of this Ordinance.

2-1402 Use Regulations. Table 2-1402 summarizes the principal use regulations of the TR-10 district.

(A) Organization of Use Table. Table 2-1402 organizes the uses in the TR-10 district by Use Classifications, Use Categories and Use Types.


(2) Use Categories. The Use Categories describe the major sub-groups of the Use Classification, based on common characteristics (e.g., the residential Use Classification is divided into two major Use Categories: Household Living and Group Living). Principal uses are identified in defining



A-77

the Use Category. They are principal uses that most closely share the common characteristics that are key to the Use Category.



(C) Permitted and Special Exception Uses. A “P” in the column identified “TR-10” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the TR-10 district, subject to compliance with all applicable standards and regulations in this Ordinance and all other County ordinances. An “S” indicates that a Use Type is allowed in the TR-10 district as a special exception in accordance with the procedures and standards of Section 6-1300. In some instances, and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted as a matter of right under certain conditions, or allowed as a special exception under other conditions. In those instances, it is identified as “P/S.”

(D) Reference to General Use Category. References to “General Use Category” under the Use Type column, means all of the uses in the Use Category are allowed. The Use Categories are defined in Article VIII. Where specific Use Types are listed in the Use Type column, only the listed Use Types in the Use Category are allowed. The Use Types are defined in Article VIII.

(E) Additional Regulations for Specific Uses. References to sections in the final column of Table 2-1402 (Additional Regulations for Specific Uses) indicate that the listed use is subject to use-specific regulations. The numbers provide a cross-reference to the “Additional Regulations for Specific Uses” in Section 5-600. All the Use Categories and Use Types listed in Table 2-1402 are defined in Article VIII (Definitions).



A-78

TABLE 2-1402 TR-10 TRANSITIONAL RESIDENTIAL-10 DISTRICT USE TABLE


USE CATEGORY USE TYPE TR-10


RESIDENTIAL USES

Household Living


P Section 5-613


P


P Manufacturing housing subject to Section 5-620


P Section 5-400


P Section 5-612

Group Living



Convent or monastery S Section 5-656


Tenant dwelling (accessory to agriculture, horticulture or animal husbandry uses)

P/S Section 5-602

AGRICULTURAL USES




Agriculture Support and Services Directly Related to On-going Agriculture, Horticulture and

Agricultural processing S Section 5-627





A-79





Animal Husbandry Activity, On-Site


P Section 5-627



S Section 5-627








S Section 5-605


Stable, neighborhood on lots less than twenty five (25) acres, or without frontage on a state maintained road

S Section 5-627

Virginia farm winery P



Agricultural Support and Services Not Directly Associated with On-Site Agricultural

Agricultural research facility S Section 5-644


Central farm distribution hub S Section 5-630



A-80





Activity Equestrian facility P Section 5-630



P Section 5-630


Animal Services


Kennel P Section 5-606

Kennel, Indoor P Section 5-606

Veterinary service P





Cultural and Governmental Facilities


Structures or uses for local government purposes not otherwise listed in the district

S

Education

Colleges or universities (including dorms) S


P Section 5-655


Park and Open Space





A-81









P


S



Religious Assembly

Church, synagogue, temple or mosque with seating capacity of 300 or less seats in sanctuary or main activity area

P Section 5-639

Church, synagogue, temple or mosque with seating capacity of more than 300 in sanctuary or main activity area, or with accessory schools, day care centers with more than 50 children, recreational facilities

S Section 5-639

Utility

Communal sewer system P Section 5-621

Communal water supply system P Section 5-621


Public utility service center, without outdoor storage P Section 5-621







A-82





Utility substation, distribution S Section 5-616 and 5-621



S Unless exempted by Section 1-103(D)

Utility transmission line, underground P


Sewer and water pumping station P Section 5-621

COMMERCIAL USES


Conference and training centers S Section 5-640


Rural Resort S Section 5-601(D)

Rural Retreat S Section 5-601(D)




Camp, day and boarding, with more than 30 campers S Section 5-645

Campground S Section 5-646




Recreation establishment, outdoor S



A-83





Rural recreation establishment, outdoor P


Antique shop S Section 5-650

Art gallery or art studio S Section 5-650

Craft shop S Section 5-650

Farm machinery sales and service S Section 5-615

Mill, feed and farm supply center S


Studio space – artist, craftsperson, writer, etc. P Section 5-650



Bed and breakfast Breakfast innInn SP Section 5-601(B)

Country innInn SM Section 5-601(C)


INDUSTRIAL USES

Telecommunication Facilities






Waste-Related Uses

Vegetative waste management facility S (Grant of a special exception does not

avoid requirements of Chapter 1080, Codified Ordinanaces of Loudoun County, or any other applicable law.)

Yard waste composting facility S




A-84

Section 2-1500 TR-3 (Transitional Residential-3)

2-1501 Purpose and Intent.

(A) The purpose and intent of the TR-3 district is to:

(1) Create a visual/spatial transition between the suburban area and the rural area of the County;

(2) Achieve a blend of rural and suburban development;

(3) Encourage new development designs that incorporate both suburban and rural features;

(4) Achieve a balance between the built and natural environment;

(5) Protect and integrate open space and natural resources; and

(6) Implement requirements that open space be provided in conjunction with the standards of this Ordinance.

(B) TR-3UBF This sub-district establishes a minimum of 50% open space to be more compatible with adjacent suburban development.

(C) TR-3LBR is created as a sub-district of TR-3 to reflect differing open space requirements. This sub-district establishes a minimum of 70% open space in order to be more compatible with rural development patterns in adjoining jurisdictions and to protect the environment and areas surrounding the Bull Run.

(D) TR-3LF This sub-district establishes a minimum of 50% open space in order to be more compatible with adjacent suburban development.

2-1502 Use Regulations. Table 2-1502 summarizes the principal use regulations of the TR-3 districts.

(A) Organization of Use Table. Table 2-1502 organizes the uses in the TR-3 districts by Use Classifications, Use Categories and Use Types.

(1) Use Classifications. The Use Classifications are: residential uses; agricultural uses; public and institutional uses; commercial uses; and industrial uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general



A-85

classifications (e.g., residential uses and agricultural uses). The Use Classifications then organize land uses and activities into general “Use Categories” and specific “Use Types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.




(C) Permitted and Special Exception Uses. A “P” in the column identified “TR-3” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the TR-3 districts, subject to compliance with all applicable standards and regulations in this Ordinance and all other County ordinances. An “S” indicates that a Use Type is allowed in the TR-3 districts as a special exception in accordance with the procedures and standards of Section 6-1300. In some instances, and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted as a matter of right under certain conditions or allowed as a special exception under other conditions. In those instances, it is identified as “P/S.”

(D) Reference to General Use Category. References to “General Use Category” under the Use Type column, means all of the uses in the Use Category are allowed. The Use Category is defined in Article



A-86

VIII. Where specific Use Types are listed in the Use Type column, only the listed Use Types in the Use Category are allowed. The Use Types are defined in Article VIII.


TABLE 2-1502 TR-3 TRANSITIONAL RESIDENTIAL-3 DISTRICTS USE TABLE


USE CATEGORY USE TYPE TR-3 UBF

TR-3 LBR

TR-3 LF


RESIDENTIAL USES

Household Living


P

P P Section 5-613


P P P Manufactured housing subject to Section 5-620.


P P P Section 5-400

Guest house (accessory to single family detached dwelling

P P P Section 5-612

Group Living

Congregate housing facility S S S

Continuing care facility S S S

Convent or monastery S S S Section 5-656

Orphanage or similar institution S S S

Tenant dwelling P/S P/S P/S Section 5-602

AGRICULTURAL USES

Agriculture General Use Category P P P Section 5-626



A-87




TR-3 LBR

TR-3 LF


Horticulture General Use Category P P P Section 5-626

Animal Husbandry General Use Category P P P Section 5-626


Agricultural processing S Section 5-627

Animal care business P P P Section 5-627

Custom operators P P P Section 5-627


P P P Section 5-627

Equestrian facilities P P P Section 5-627


S S S Section 5-627

Farm co-ops P P P Section 5-627

Farm based tourism P P P Section 5-628

Farm markets P P P Section 5-603

Nursery, commercial S S S Section 5-605



S Section 5-605

Pet farms P P P Section 5-627

Stables P P P Section 5-627



A-88




TR-3 LBR

TR-3 LF



S S S Section 5-627

Virginia farm winery P P P

Wayside stand P P P Section 5-604

Agricultural Support and Services Unot U directly associated with agricultural activity

Agricultural Research Facility S S S Section 5-644

Animal Care Business P P P Section 5-630

Equestrian Facility P P P Section 5-630

Equestrian facility on lots of less than 50 acres or without frontage on a state maintained road

S S S Section 5-630

Stable, neighborhood on lots P P P Section 5-630

Stable, Private S S S Section 5-630

Animal Services

Animal Hospital S S S Section 5-631


Kennel, Indoor P Section 5-606

Veterinary service P P P


Day Care Facilities Child care home

P

P

P Section 5-609(A)

Child or adult day care center S S S Section 5-609(B)

Cultural and Governmental

Community center, HOA facilities only P P P



A-89




TR-3 LBR

TR-3 LF


Facilities Structures or uses for local government purpose not otherwise listed in the district

S S S

Education

Colleges or universities (including dorms) S S S


P P P Section 5-655

School (elementary, middle, or high), for more than 15 pupils

S S S

Seminary S S S

Vocational school S S S

Park and Open Space

Arboretum P P P Section 5-636

Botanical garden or nature study area P P P Section 5-636

Cemetery S S S Section 5-637

Mausoleum S S S Section 5-637

Crematorium S S S Section 5-637


P P P


S S S

Wetland mitigation bank P P P

Public Safety

Fire and/or rescue station S S S Section 5-638

Police station or substation S S S Section 5-638



A-90




TR-3 LBR

TR-3 LF


Religious Assembly


P P P Section 5-639

Church, synagogue, temple, or mosque with seating capacity of more than 300 in sanctuary or main activity area, or with accessory schools, day care centers with more than 50 children, recreational facilities

S S S Section 5-639

Utility



Public utility service center and storage yard S S S Section 5-621

Public utility service center, without outdoor storage

P P P Section 5-621

Recycling drop off collection center, public

P P P Section 5-607

Recycling drop off collection center, private

S S S Section 5-607

Water and sewage treatment plant S S S Section 5-621

Utility substation, dedicated P S P Section 5-621

Utility substation, distribution S S S Section 5-616 and 5-621

Utility substation, transmission S S S Section 5-616 and 5-621



A-91




TR-3 LBR

TR-3 LF



S S S Unless exempted by Section 1-103 (D)

Utility transmission line, underground P P P

Water storage tank S S S Section 5-621

Water and sewer pumping station P P P Section 5-621

COMMERCIAL USES



Camp, day and boarding, with 30 or fewer campers

P P P Section 5-645

Camp, day and boarding, with more than 30 campers

S S S Section 5-645

Golf course S S S Section 5-648

Private club or lodge S S S

Retail Sales and Service Small business P/S P/S P/S Section 5-614


Bed and breakfast Breakfast homestayHomestay

P/S P/S P/S Section 5-601(A)

Bed and breakfast Breakfast innInn SP SP SP Section 5-601(B)

Country innInn S M Section 5-601(C)


INDUSTRIAL USES


Radio and/or television tower S S S Section 5-618



A-92




TR-3 LBR

TR-3 LF


Telecommunications antenna P P P Section 5-618(A)

Telecommunications monopole P P P Section 5-618(B)(1)

Telecommunications monopole S S S Section 5-618(B)(2)

Telecommunication transmissions tower S S S Section 5-618(C)(2)

Waste-Related Uses Yard Waste and/or Vegetative waste composting facility

S



A-93


2-1601 Purpose and Intent. The purpose and intent of the TR-2 district is to:

(A) Create a visual/spatial transition between the suburban area and the rural area of the County;

(B) Achieve a blend of rural and suburban development;

(C) Encourage new development designs that incorporate both suburban and rural features;

(D) Achieve a balance between the built and natural environment;

(E) Protect and integrate open space and natural resources; and

(F) Implement requirements that open space be provided in conjunction with the standards of this Ordinance.

2-1602 Use Regulations. Table 2-1602 summarizes the principal use regulations of the TR-2 district.

(A) Organization of Use Table. Table 2-1602 organizes the uses in the TR-2 district by Use Classifications, Use Categories and Use Types.





A-94



(C) Permitted and Special Exception Uses. A “P” in the column identified “TR-2” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the TR-2 district, subject to compliance with all applicable standards and regulations in this Ordinance and all other county ordinances. An “S” indicates that a Use Type is allowed in the TR-2 district as a special exception in accordance with the procedures and standards of Section 6-1300. In some instances and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted under certain conditions S S(allowed as a permitted use), or allowed as a special exception under other conditions. In those instances, it is identified as “P/S.”



TABLE 2-1602

TR-2 TRANSITIONAL RESIDENTIAL-2 DISTRICT USE TABLE




A-95



RESIDENTIAL USES

Household Living


P Section 5-613


P Manufactured housing subject to Section 5-620.


P Section 5-400


P Section 5-612

Group Living




Monastery or convent S Section 5-656

Tenant dwelling P/S Section 5-602

AGRICULTURAL USES




Agriculture Support and Services Directly Related to On-going





A-96





Agriculture, Horticulture and Animal Husbandry Activity, On-Site

Direct market business for sale of products produced on-site including but not limited to PYO (pick-your-own)

P Section 5-627



S Section 5-627







S Section 5-627


Animal Services Veterinary service P



Child or adult day care S Section 5-609(B)



Structures or uses for local government purposes not otherwise listed

S

Education

Colleges or Universities (including dorms) S


P Section 5-655



A-97






Seminary S

Vocational school S

Park and Open Space




P


S




Religious Assembly


P Section 5-639

Church, synagogue, temple, or mosque with seating capacity of more than 300 in sanctuary or main activity area, or with accessory schools, day care centers, with more than 50 children, recreational facilities

S Section 5-639

Utility




Public utility service center, without outdoor storage P Section 5-621




A-98








Utility substation, distribution S Section 5-616 and 5-621



S Unless exempted by Section 1-103 (D)

Utility transmission line, underground P



COMMERCIAL USES




Retail Sales and Service Small business P/S Section 5-614




INDUSTRIAL USES



Telecommunications antenna

P

Section 5-618(A)



A-99





Telecommunications monopole

P

Section 5-618(B)(1)

Telecommunications monopole

S

Section 5-618(B)(2)

Telecommunication tower

S

Section 5-618(C)(2)



A-100


2-1701 Purpose and Intent.

(A) The purpose and intent of the TR-1 districts is to:

(1) Create a visual/spatial transition between the suburban area and the rural area of the County;

(2) Achieve a blend of rural and suburban development;

(3) Encourage new development designs that incorporate both suburban and rural features;

(4) Achieve a balance between the built and natural environment;

(5) Protect and integrate open space and natural resources; and

(6) Implement requirements that open space be provided in conjunction with the standards of this Ordinance.

2-1702 Use Regulations. Table 2-1702 summarizes the principal use regulations of the TR-1 districts.

(A) Organization of Use Table. Table 2-1702 organizes the uses in the TR-1 districts by Use Classifications, Use Categories and Use Types.


(2) Use Categories. The Use Categories describe the major sub-groups of the Use Classification, based on common characteristics (e.g., the residential Use Classification is divided into two major Use Categories: Household Living and Group Living). Principal uses are identified in defining



A-101

the Use Category. They are principal uses that most closely share the common characteristics that are key to the Use Category.



(C) Permitted and Special Exception Uses. A “P” in the column identified “TR-1” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the TR-1 districts, subject to compliance with all applicable standards and regulations in this Ordinance and all other county ordinances. An “S” indicates that a Use Type is allowed in the TR-1 districts as a special exception in accordance with the procedures and standards of Section 6-1300. In some instances and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted as a matter of right under certain conditions or allowed as a special exception under other conditions. In those instances, it is identified as “P/S.”





A-102




TR-1 LF


RESIDENTIAL USES

Household Living


P P Section 5-613


P P Manufactured housing subject to Section 5-620.


P P Section 5-400


P P Section 5-612

Group Living

Congregate housing facility S S

Continuing care facility S S

Orphanage or similar institution S S

Monastery or convent S S Section 5-656

Tenant dwelling P/S P/S Section 5-602

AGRICULTURAL USES

Agriculture General Use Category P P Section 5-626

Horticulture General Use Category P P Section 5-626

Animal Husbandry General Use Category P P Section 5-626

Agriculture Support and Services Directly Related to On-going

Animal care business P P Section 5-627



A-103




TR-1 LF


Agriculture, Horticulture and Animal Husbandry Activity, On-Site

Custom operators P P Section 5-627

Direct market business for sale of products produced on-site - including but not limited to PYO (pick-your-own)

P P Section 5-627

Equestrian facilities P P Section 5-627

Equestrian facilities, on lots of less than fifty (50) acres, or without frontage on a state maintained road

S S Section 5-627

Farm co-ops P P Section 5-627

Farm based tourism P P Section 5-628

Farm markets P P Section 5-603

Pet farms P P Section 5-627

Stables P P Section 5-627


S S Section 5-627

Wayside stand P P Section 5-604

Animal Services Veterinary service P P


Day Care Facilities Child care home P P Section 5-609(A)

Child or adult day care S S Section 5-609(B)



A-104




TR-1 LF



Community center, HOA facilities only P P

Structure or uses for local government purposes not otherwise listed in district

S S

Education

Colleges or universities (including dorms)

S S


P P Section 5-655


S S

Seminary S S

Vocational school S S

Park and Open Space

Cemetery S S Section 5-637

Mausoleum S S Section 5-637

Crematorium S S Section 5-637

Community, neighborhood, or regional park , passive recreational uses

P P


S

S

Wetland mitigation bank P P

Public Safety

Fire and/or rescue station S S Section 5-638

Police station or substation S S Section 5-638



A-105




TR-1 LF


Religious Assembly


P P Section 5-639

Church, synagogue, temple, or mosque with seating capacity of more than 300 in sanctuary or main activity area, or with accessory schools, day care centers with more than 50 children, recreational facilities

S S Section 5-639

Utility



Public utility service center and storage yard

S S Section 5-621

Public utility service center, without outdoor storage

P P Section 5-621

Recycling drop off collection center, public

P P Section 5-607

Recycling drop off collection center, private

S S Section 5-607

Sewage and water treatment plant S S Section 5-621

Utility substation, dedicated P P Section 5-621

Utility substation, distribution S S Section 5-616 and 5-621

Utility substation, transmission S S Section 5-616 and 5-621



A-106




TR-1 LF



S S Unless exempted by Section 1-103(D)

Utility transmission line, underground P P

Water storage tank S S Section 5-621

Water and sewer pumping station P P Section 5-621

COMMERCIAL USES


Golf course S S Section 5-648

Private club or lodge S S

Retail Sales and Service Small business P/S P/S Section 5-614


Bed and breakfast Breakfast homestayHomestay

P/S P/S Section 5-601(A)

Bed and breakfast Breakfast innInn SM SM Section 5-601(B)

INDUSTRIAL USES


Radio and/or television tower S S Section 5-618

Telecommunications antenna P P Section 5-618(A)

Telecommunications monopole P P Section 5-618(B)(1)

Telecommunications monopole S S Section 5-618(B)(2)

Telecommunication tower S S Section 5-618(C)(2)



A-107

ARTICLE 3

SUBURBAN DISTRICT REGULATIONS

Section 3-100 R-1 Single Family Residential.

3-101 Purpose. The R-1 Single Family Residential district is established to provide for low density single family detached residences on lots of 40,000 square feet or more in locations consistent with the Comprehensive Plan. Urban R-1 land requires public water and sewer and should be limited to areas planned and served for public water and sewer.


(A) Accessory apartment or dwelling unit, pursuant to Section 5-613.

(B) Agriculture, horticulture, forestry and fishery, excluding the keeping of livestock.


(D) Child care home, pursuant to Section 5-609.

(E) Cluster development reducing lot sizes up to 20% of minimum, pursuant to Sections 3-105, 3-108, and 6-1400.

(F) Cluster development reducing lot sizes from 20-50% of minimum, pursuant to Sections 3-106, 3-109 and 6-1400.

(G) Commuter parking lot, with less than 50 spaces.

(H) Home occupation, pursuant to Section 5-400.

(I) Public or private playground or neighborhood park.

(J) Recycling drop-off collection center, small, pursuant to Section 5-607.

(K) Dwelling, single family detached.

(L) Utility substation, dedicated.

(M) Wayside stand, pursuant to Section 5-604.

(N) School, private elementary or middle, for less than fifteen (15) pupils.



A-108

(O) Nature preserve, such as but not limited to, wildlife sanctuary,

conservation areas and game preserve.

(P) Bus shelter.

(Q) Sewer pumping station.

(R) Water pumping station.

(S) School, public.

(T) Telecommunications antenna, pursuant to Section 5-618(A).

(U) Telecommunications monopole, pursuant to Section 5-618(B)(1).


(A) Camp, day and boarding.

(B) Cemetery, mausoleum or memorial park.

(C) Church, synagogue, and temple.



(F) Country club.


(H) Library.


(J) Playing fields and courts, lighted.

(K) Private club or lodge.

(L) Recycling drop-off collection center, large, pursuant, to Section 5-607.

(M) Continuing care facility.

(N) School.



A-109

(O) Sewage treatment plant.

(P) Utility substation, transmission, pursuant to Section 5-616.

(Q) Utility transmission lines, overhead.

(R) Water treatment plant.

(S) Public or private community or regional park.

(T) Bed and breakfast innInn, pursuant to Section 5-601(B), by Minor Special Exception.

(U) Borrow pit for road construction.

(V) Child or adult day care center, pursuant to Section 5-609.

(W) Commuter parking lot, with greater than 50 spaces.

(X) Golf course.

(Y) Structure or use for federal, state, county, or local government purposes, not otherwise listed.

(Z) Kennel, pursuant to Section 5-606.

(AA) Public utility service center and storage yard.

(BB) Radio and/or television tower.

(CC) Water storage tank.

(DD) Utility substation, distribution, pursuant to Section 5-616.

(EE) Telecommunications monopole, pursuant to Section 5-618(B)(2).

(FF) Telecommunications tower, pursuant to Section 5-618(C)(2).

(GG) Police Station.

(GG)(HH) Banquet/Event Facility, pursuant to Section 5-642.



A-110

Section 3-200 R-2 Single Family Residential.

3-201 Purpose. The R-2 Single Family Residential district is established to provide for low-to-moderate density single family detached residences on lots of 20,000 square feet or more in locations consistent with the Comprehensive Plan and served by public water and sewer but unsuitable for higher densities.


(A) Accessory apartment or dwelling unit, pursuant to Section 5-613.

(B) Bed and breakfast Breakfast homestay Homestay (in County designated historic districts), pursuant to Section 5-601(A).

(C) Child care home, pursuant to Section 5-609.

(D) Cluster development reducing lot size up to 20% of minimum, pursuant to Sections 3-206, 3-209 and 6-1400.

(E) Cluster development reducing lot sizes from 20-50% of minimum, pursuant to Sections 3-207, 3-210 and 6-1400

(F) Home occupation, pursuant to Section 5-400.

(G) Public or private playground or neighborhood park.

(H) Recycling drop-off collection center, small, pursuant to Section 5-607 (A).

(I) Dwelling, single family detached.

(J) Commuter parking lot, with less than 50 spaces.

(K) Utility substation, dedicated.

(L) School, private elementary or middle, for less than fifteen (15) pupils.

(M) Agriculture, horticulture, forestry and fishery, excluding the keeping of livestock.

(N) Bus shelter.

(O) Nature preserve, such as but not limited to, wildlife sanctuary, conservation areas and game preserve.



A-111

(P) Sewer pumping station.

(Q) Water pumping station.

(R) School, public.

(S) Telecommunications antenna, pursuant to Section 5-618(A).

(T) Telecommunications monopole, pursuant to Section 5-618(B)(1).


(A) Camp, day and boarding.

(B) Cemetery, mausoleum or memorial park.




(F) Country club.


(H) Library.

(I) Playing fields and courts, lighted.


(K) Continuing care facility.

(L) School.

(M) Utility substation, transmission, pursuant to 5-616.

(N) Utility transmission lines, overhead.

(O) Water treatment plant.

(P) Removed pursuant to ZOAM 1995-0002.

(Q) Public or private community or regional park.



A-112

(R) Bed and breakfast innInn, pursuant to Section 5-601(B), by Minor

Special Exception.

(S) Child or adult day care center, pursuant to Section 5-609.

(T) Commuter parking lot, with greater than 50 spaces.

(U) Golf course.

(V) Structure or use for federal, state, county, or local government purposes, not otherwise listed.

(W) Radio and/or television tower.

(X) Orphanage or similar institution.

(Y) Sewage treatment plant.

(Z) Water storage tank.

(AA) Utility substation, distribution, pursuant to Section 5-616.

(BB) Telecommunications monopole, pursuant to Section 5-618(B)(2).

(CC) Telecommunications tower, pursuant to Section 5-618(C)(2).

(DD) Police Station.



A-113

Section 4-900 PD-CV Planned Development – Countryside Village.

4-901 Purpose and Intent. This district is established to provide for the development of new, compact, moderately dense, mixed-use countryside villages. This district is intended to provide a development option which is consistent with the basic purpose and intent of the transition districts to provide a visual, spatial, and use transition between Loudoun’s suburban areas to the east and the rural areas to the west. It is the intent that this district’s planning, design and development will achieve, but not necessarily be limited to, all of the following objectives:

(A) The creation of a distinct, moderately dense, compact mixed-use community with a variety of housing types, generally surrounded by a protected landscape of open land for scenic, recreational, and environmental protection purposes.

(B) Provision of civic and institutional buildings for assembly or other civic purposes that constitute the predominant component of nonresidential uses within an identified Village Core, complemented by a variety of shops, services, and offices that support the needs of village residents.

(C) The construction of modestly sized buildings fronting on, and aligned with, streets in a disciplined manner, uninterrupted by parking lots.

(D) Development of a generally rectilinear pattern of interconnected streets, alleys, and blocks that provides for a balanced mix of pedestrians and automobiles.

(E) Creation of a recognizable, functionally diverse, visually unified Village Core that serves as the focal point for the development.

(F) Provision of open space such as natural areas, tot lots, athletic fields, parks, squares, and greens that are generally dispersed in the village so that they are conveniently located for residents.

(G) Landscaped streets, parks and plazas integrated into block patterns to provide spaces for social activities, and visual enjoyment.

(H) Creation of employment opportunities for Countryside Village and neighboring residents and to provide sites for compatible, small work places, without adverse impacts on the Village and surrounding residents.

(I) The location of dwellings, shops, and work places generally in close proximity to each other; the scale of which accommodates and promotes pedestrian travel for trips within the Village Core.

(J) Incorporation of architectural features, materials, and the articulation of building façades in the design of buildings visible from public streets, in order to avoid building façades in the Village Core that have continuous

Section 4-900 Revision Date: September 2, 2013 February 19, 2014


A-114

blank surfaces, by the use of architectural elements such as fenestration, towers, cupolas, murals and decorative glass to break the monotony of plain building surfaces.

4-902 District Size. This district, when mapped, shall be no less than 500 acres in size. Incremental and contiguous additions of land to an existing PD-CV zoning district shall be allowed. Such additions must demonstrate their relationship and compatibility with the previously approved district to which it is being added.

4-903 Preparation of the Concept Development Plan (CDP). All Concept Development Plans required by this section shall be prepared in accordance with Section 6-1200 of this Ordinance and, in addition, shall include and graphically show the following items:

(A) Primary Conservation Areas, on a Conservation and Development Area Map;

(B) The type and scale of proposed uses including residential unit type and quantity;

(C) Site designs to include the integration of the built and open space environment, pedestrian streetscape design, pedestrian, bicycle and motor vehicle connections between the uses;

(D) Illustrative drawings of a typical streetscape within a mixed use area in the Village Core;

(E) The physical and functional integration of the proposed mix of land uses, including but not limited to pedestrian and vehicle connections between the uses and planned parking;

(F) The location and design of focal points within the district;

(G) Phasing of the development;

(H) A comprehensive greenways, sidewalks and trails masterplan that is consistent with the Countywide Bicycle and Pedestrian Mobility Master Plan;

(I) A conceptual landscape plan which identifies the general location and size of both existing vegetation to be retained and proposed new vegetation, typical landscape sections and drawings, typical planting materials, and the phasing of landscape installation and planting methods;

(J) Transportation elements as required by Section 4-912; and

(K) A plan or statement showing how public utilities are, or will be provided.



A-115

The Concept Development Plan shall demonstrate conformance with the development standards contained in this Section.

4-904 Land Use Elements and Location. The Concept Development Plan shall include a plan of the Village Core, the Village Neighborhood, and the Village Conservancy areas. It may also include a plan for a Satellite Conservancy Area, if proposed.

(A) Countryside Village Core. The Village Core provides the main organizing feature for the Countryside Village. The Village Core is intended to be a compact, pedestrian-scaled environment of predominantly non-residential uses. Residential dwelling units will, however, be permitted, but not at street level. One residential dwelling unit shall be permitted for every 3000 square feet of gross floor area devoted to nonresidential purposes. Such units shall not be counted towards overall residential density, rather they will be counted as bonus density units. Such units may be used to meet affordable dwelling unit requirements. Parks, squares, plazas and green open spaces are important organizing features of the Village Core, and can serve as gathering places for the community. The majority of nonresidential uses in the Village Core shall be comprised of civic and institutional uses, while commercial office, retail, and service uses shall provide employment opportunities and convenience goods and services for village and neighboring residents. The Village Core shall:

(1) Be located such that the development does not adversely impact cultural resources, such as historical structures, archaeological sites or Virginia byways.

(2) Be contiguous and generally compact in shape.

(3) Be centrally located for pedestrian access in relation to a majority of residential units.

(B) Countryside Village Neighborhood. The Village Neighborhood primarily comprises the residential component of a Countryside Village that generally surrounds the Village Core and consists of a mix of single-family detached development and higher density residential development in the form of single-family attached and multi-family units. The Village Neighborhood shall:

(1) Be contiguous and generally surround the Village Core.

(2) Provide for a mix of housing styles, types and sizes to accommodate households of all ages, sizes, and incomes.

(3) Be located such that the development does not adversely impact cultural resources, such as historical structures, archeological sites or Virginia byways.



A-116

(C) Countryside Village Conservancy Area. The Village Neighborhood

shall generally be surrounded by an open area described hereafter as the Village Conservancy Area, which shall create a visual and physical distinction between the development and the surrounding countryside. The Village Conservancy Area is to generally be open land, providing significant buffering of neighboring properties, while allowing for limited residential use. The Village Conservancy Area shall:

(1) Be contiguous and generally surround the Village Neighborhood.

(2) Be placed under permanent open space easement limiting uses to those listed in Section 4-907.

(D) Countryside Village Satellite Conservancy Area (Optional). The district may include detached parcels constituting a Satellite Conservancy Area(s). A Satellite Conservancy Area shall be included in calculating the total development potential of the Countryside Village. Such Satellite Conservancy Area shall only be allowed when converting existing TR1LF and TR3LF zoned areas to PD-CV zoned areas, and, provided that:

(1) The Satellite Conservancy Area is located partly, or wholly, within the area between 300 feet and 500 feet of Bull Run, (unless specifically modified by the County pursuant to Section 4-919); and

(2) It is placed under permanent open space easement limiting uses to those listed in Section 4-907.

4-905 Final Development Plan.

(A) FDP Required. Prior to the commencement of development of a parcel in the Village Core or in the Village Neighborhood, the Planning Commission shall review and approve a Final Development Plan. Approval of the FDP shall serve as meeting the non-engineered requirements of a site plan. If more than one FDP is required, then each FDP shall indicate how the remainder of the development may be completed. The Planning Commission shall approve a Final Development Plan if it conforms to approved proffers and the approved Concept Development Plan and contains the information enumerated in Section (B) below:

(B) FDP Submission Requirements.

(1) The Final Development Plan shall be prepared in accordance with the approved Concept Development Plan and proffers and shall contain the following information:



A-117

(a) A vicinity map at a scale of not less than one inch equals

two thousand feet (1” – 2000’).

(b) Bearings and distances of the perimeter property lines.

(c) Total area of property presented in square feet or acres.

(d) Scale and north arrow, with north, to the extent feasible oriented to the top of all drawings.

(e) Names and route numbers of boundary streets and the width of existing right(s)-of-way, any proposed change to the public right(s)-of-way, delineation of the existing centerline of all streets abutting the property, including dimensions from the existing centerline to the edge of the pavement and to the edge of the right(s)-of-way.

(f) The location and arrangement of all proposed uses, including a preliminary subdivision layout, if subdivision is proposed.

(g) The maximum height in feet, to include lofts and penthouses, of all buildings, and the number of floors both above and below or partially below finished grade.

(h) Proposed building footprints and elevations.

(i) The traffic circulation system and the pedestrian and bicycle circulation system, including the location and width of all streets, driveways, entrances to parking areas and parking structures, pedestrian walkways, and bicycle paths.

(j) Landscaping plan indicating the location and type of all plantings, and any trees to be conserved.

(k) A plan or statement showing how public utilities are, or will be provided.

(l) Approximate location and estimated size of all proposed stormwater management facilities.

(m) When the development is to be constructed in sections, a final sequence of development schedule showing the order of construction of such sections, and an approximate completion date for the construction of each section.

(n) Location and size of open space areas, specifying the proposed treatment of improvement of all such areas.



A-118

(o) Elevations of proposed buildings.

(p) Architectural sketches of typical proposed structures showing all facades of structures, not just street frontages, with bird’s eye and pedestrian-eye views, including lighting fixtures and signs.

(q) Location and quantity of required number of off-street parking and loading spaces provided and the location of on-street parking.

(r) A statement that the proposed development conforms to the provisions of all applicable ordinances, regulations and adopted standards.

(2) A final statement in tabular form which sets forth the following data, when such data is applicable to a given development plan:

(a) Total number of dwelling units by type.

(b) Total floor area for each type of use and total floor area ratio in each subarea or landbay.

(c) Total area in open space including recreational open space provided and the amount required.

(d) Total number of off-street parking and loading spaces provided and the number required.

4-906 Land Use Mix and Density.

(A) All developments in a PD-CV District shall conform to the district land use mix and density requirements set forth in Table 4-906 below.

TABLE 4-906: LAND USE MIX AND DENSITY IN THE PD-CV DISTRICT

Area Land Use Mix/Density Use Requirements Village Conservancy Area Minimum of 50% of district gross land area.

Village Satellite Conservancy Area

None required. However, when included as part of the PD-CV zoning district, the Village Satellite Conservancy Area shall be in addition to the



A-119

TABLE 4-906:

LAND USE MIX AND DENSITY IN THE PD-CV DISTRICT Area Land Use Mix/Density Use Requirements

minimum gross land area required for the district, and shall be included in the density calculation of the village.

Village Core 3.0% to 6.0% of the gross land area of the entire development. Greens, parks, open space and water features do not count towards the gross land area requirement for the Village Core. A vertical mix of uses is permitted in the Village Core, such as ground floor retail with upper story residences or offices.

Overall Residential Density for Countryside Village

Residential density shall not exceed two (2) dwelling units per acre. However, an option to increase density up to three (3) units per gross acre is permitted in accordance with Section 4-906(B) of the ordinance.

Percentage of Residential Units permitted in the Village Neighborhood

Single Family Detached: Minimum 60% Single Family Attached: Minimum 10% Multi-Family: Minimum 5% The Board of Supervisors may modify these minimum requirements by up to 10% of each dwelling type, during review of a Concept Development Plan

(B) An increase in density shall be permitted when an open space easement(s) in the TR3LBR zoning district is acquired. One additional unit is permitted for every three (3) acres of land eased in the TR3LBR district. A commitment to acquiring such open space easement(s) must be made at the time of a zoning map amendment application. The maximum density in the PD-CV district shall not exceed three (3) dwelling units per gross acre.

4-907 Uses. Table 4-907 below identifies the uses permitted and allowed by special exception in each land use area of the PD-CV district.

(A) Organization of Use Table. Table 4-907 of this Section organizes the uses in the PD-CV district by Use Classifications, Use Categories, and Use Types.

(1) Use Classifications. The Use Classifications are: residential uses; agricultural uses; public and institutional uses; commercial uses; and industrial uses. The Use Classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., residential uses and agricultural uses). The Use Classifications then organize land uses and activities into general “Use Categories” and specific “Use Types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type



A-120

of customers or residents, how goods or services are sold or delivered, and site conditions.

(2) Use Categories. The Use Categories describe the major sub-groups of the Use Classification, based on common characteristics (e.g., the residential Use Classification is divided into two major Use Categories: Household Living and Group Living). Principal uses are identified in defining the Use Category. They are the principal uses that most closely share the common characteristics that are key to the Use Category.

(3) Use Types. The Use Categories are then divided into specific Use Types. The specific Use Types are included in the respective Use Category. They identify the specific uses that are considered to fall within characteristics identified in the Use Category. For example, single-family detached dwellings, multi-family dwellings, single-family attached dwellings, guesthouses and accessory dwellings are Use Types in the Household Living Use Category.

(B) Use Categories and Use Types Defined. The Use Categories and Use Types listed in Table 4-907 are defined in Article VIII (Definitions) of this Ordinance.

(C) Permitted and Special Exception Uses. A “P” in the columns identified with “PD-CV” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the corresponding PD-CV land use element, subject to compliance with all applicable standards and regulations in this Ordinance and all other County ordinances. An “S” indicates that a Use Category or Use Type is allowed in the PD-CV subdistrict as a special exception in accordance with the procedures and standards of Section 6-1300. An “M” indicates that a Use Category or Use Type is allowed in the PD-CV sub district as a minor Minor special Special exception Exception in accordance with the procedures and standards of Section 6-1300. In some instances, and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted as a matter of right under certain conditions or allowed as a special Special exception Exception under other conditions. In those instances, it is identified “P/S”.

(D) Reference to General Use Category. References to “General Use Category” under the Use Type column mean all of the uses in the Use Category are allowed. Where specific Use Types are listed in the Use Type column, only the listed Use Types in the Use Category are allowed.

(E) Additional Regulations for Specific Uses. References to sections in the final column of Table 4-907 (Additional Regulations for Specific Uses) indicate that the listed use is subject to use-specific regulations. The numbers provide a cross-reference to the “Additional Regulations for



A-121

Specific Uses” in Section 5-600. If no reference to Article V is made in Table 4-907 for a use, then such use is not subject to any additional regulation for specific uses as noted in Section 5-600, although the same use may be subject to such additional standards in another zoning district of the Ordinance.

TABLE 4-907 PD-CV (COUNTRYSIDE VILLAGE) DISTRICT USE TABLE

P = PERMITTED S = SPECIAL EXCEPTION M = MINOR SPECIAL EXCEPTION BLANK = NOT ALLOWED

USE CATEGORY USE TYPE PD-CV: VILLAGE

NEIGHBORHOOD

PD-CV: VILLAGE CORE

PD-CV: VILLAGE CONSERVANCY AND VILLAGE SATELLITE CONSERVANCY


RESIDENTIAL USES

Household Living


P P

Section 5-613, except accessory dwelling units are allowed on residential lots smaller than 20,000 square feet located in the Village Neighborhood


P P


P P

Manufactured housing subject to Section 5-620.

Dwelling, single-family attached P P

In the Village Core, permitted only above street level with ground floor retail or office

Dwelling, Multi- family P P

In the Village Core, permitted only above street level with ground floor retail or office


P P Section 5-612

Group Living

Congregate housing facility S S

Continuing care facility S S

Monastery or Convent S S



A-122

TABLE 4-907

PD-CV (COUNTRYSIDE VILLAGE) DISTRICT USE TABLE



NEIGHBORHOOD

PD-CV: VILLAGE CORE



AGRICULTURAL USES

Agriculture Support and Services UNot Directly UAssociated with On-Site Agricultural Activity


Equestrian Facility P Section 5-630


Stable, neighborhood on lots of 25 acres or more, or frontage on a state maintained road

P Section 5-630


M Section 5-630


Nursery, production without frontage on state maintained road

S Section 5-605

Farm market P Section 5-603. On-site production not required

Animal Services

Animal hospital S S

Kennel S S Section 5-606

Kennel, Indoor S Section 5-606

Veterinary service P P P



Community center P P Section 4-920(A)

Library P P Section 4-920(A)

Museum P P Section 4-920(A)

Post office P P Section 4-920(A)

Performing Arts Theater P Section 4-920(A)



A-123

TABLE 4-907




NEIGHBORHOOD

PD-CV: VILLAGE CORE



Structures or uses for federal, state or local government purposes

S S

Day Care Facilities

Child or adult day Care P P Section 5-609(B)

Child care home P P P Section 5-609(A)

Education


P P


S S

Vocational School S

Park and Open Space



Park, passive recreational uses P P P

Park, active recreational uses S S S

Parking Parking Lot P Section 4-911(J)(6)

Public Safety

Fire and/or rescue station S

Police station or substation S

Religious Assembly

Church, synagogue, temple or mosque with seating capacity of 300 or less seats in sanctuary or main activity center

P P

Religious Assembly uses must be located at termination of streets and provide a focal point for the Village Core. When located in the Village Neighborhood, these uses must be adjacent to the Village Core. Section 4-920(A)

Utility Public utility service center, without outdoor storage

S Section 5-621



A-124

TABLE 4-907




NEIGHBORHOOD

PD-CV: VILLAGE CORE




Sewer pumping station P P Section 5-621

Utility substation, dedicated P P P Section 5-621

Utility substation, distribution S S S Section 5-616 and 5-

621 Utility transmission line, underground P P P

Water storage tank S S Section 5-621

Water pumping station P P Section 5-621

COMMERCIAL USES


Camp, day and boarding, with 30 or fewer campers

P Section 5-645

Camp, day and boarding, with more than 30 campers

S Section 5-645

Golf course S

Section 5-648

Private club or lodge P S

Office

Medical/Dental office P No more than 10,000 square feet of gross floor area.

Professional office P No more than 10,000 square feet of gross floor area.


Antique shop P

Art gallery or Artist studio P P

Section 5-650. However, this section shall not apply to the use in the Village Core.



A-125

TABLE 4-907




NEIGHBORHOOD

PD-CV: VILLAGE CORE



Bank or Financial institution P/S

No drive-through facilities Maximum Gross Floor Area (GFA) of 5000 square feet. An increase above 5000 square feet is permissible by special exception.

Convenience store P/S

Maximum GFA (Gross Floor Area) of 5000 square feet. An increase above 5000 square feet is permissible by special exception.

Craft shop P

Home Service Establishment S

Personal service establishment P/S

Individual uses not to exceed a maximum GFA of 5000 square feet. An increase above 5000 square feet is permissible by special exception.

Restaurant P/S

No more than 5,000 square feet of GFA. An increase above 5000 square feet is permissible by special exception.



A-126

TABLE 4-907




NEIGHBORHOOD

PD-CV: VILLAGE CORE



Retail sales establishment P/S

No more than 5,000 square feet of floor area is permitted by right for any one use. An increase above 5000 square feet is permissible by special exception. However, a Grocery store located along an arterial or major collector road other than those referenced in Section 4-912, Table 4, with Maximum GFA of 30,000 square feet shall be permitted by right either in the Village Core or in the Village Neighborhood adjacent to the Village Core.

Small business P

Section 5-614 and Section 5-653. However, small business use in this district is limited to personal service occupations, business service occupations, repair service occupations, professional office based services, and studios for fine arts and crafts.

Studio space – artist, craftsperson, writer, etc. P P P

Section 5-650 However, this section shall not apply to the use in the Village Core.


Bed and breakfastBreakfast, homestayHomestay

P P P Section 5-601(A)



A-127

TABLE 4-907




NEIGHBORHOOD

PD-CV: VILLAGE CORE



Bed and breakfast Breakfast innInn SP P

Section 5-601(B) shall not apply to the Bed and Breakfast Inn in the Village Core

INDUSTRIAL USES


Telecommunications antenna P P P Section 5-

618(A) Telecommunicati

ons monopole S S Section 5-618(B)(2)

.



A-128

Section 4-1200 PD-RV Planned Development - Rural Village.

4-1201 Purpose. This district is established to provide for the development of new rural villages at a scale intended to continue Loudoun's traditional rural land use pattern and to promote its traditional concept of villages. Each village will be serviced by its own public water and sewer facility. Villages shall be permitted only in accordance with the policies and design criteria in the Comprehensive Plan. The applicant must demonstrate that its planning, design and development will achieve, but not necessarily be limited to, all of the following specific objectives:

(A) The preservation of agricultural land, open space, scenic vistas and natural resources found within Loudoun and to minimize the potential for conflict between agricultural and other land uses.

(B) The creation of a distinct physical settlement surrounded by a protected rural landscape of generally open land for agricultural, forestal, recreational and environmental protection purposes.

(C) Dwellings, shops and workplaces generally located in close proximity to each other; the scale of which accommodates and promotes pedestrian travel for trips within the village.

(D) Modestly sized buildings fronting on, and aligned with, streets in a disciplined manner, uninterrupted by parking lots.

(E) A generally rectilinear pattern of streets, alleys, and blocks reflecting the street network in existing rural villages which provides for a balanced mix of pedestrians and automobiles.

(F) Squares, greens, landscaped streets and parks woven into street and block patterns to provide spaces for social activity, parks and visual enjoyment.

(G) Provision of civic buildings for assembly or other civic purposes.

(H) A recognizable, functionally diverse, visually unified village center, focused on a village green or square.

(I) A development size and scale which accommodates and promotes pedestrian travel rather than vehicle trips within the village.

4-1202 District Size and Location. This district, when mapped, shall be no less than three hundred (300) acres in size. No less than eighty percent (80%) of the gross land area shall be subject to a permanent open space easement and no more than twenty percent (20%) of the gross land area shall constitute the Village Center.



A-129

This district may be mapped only in locations in conformance with the Comprehensive Plan.

4-1203 Design of the Concept Development Plan. The Concept Development Plan, submitted pursuant to Section 6-1214, shall demonstrate conformance with the design requirements noted below and in the Comprehensive Plan. The Concept Development Plan shall include a plan of the Village Conservancy and Village Center subdistricts, areas, blocks and streets. It may also include a plan for a Satellite Conservancy subdistrict, if proposed. Typical sections and drawings demonstrating satisfaction of other design requirements shall be allowed as support documentation.

The Rural Village shall have at least two (2) types of subdistricts; a Village Conservancy and Village Center. A Satellite Conservancy subdistrict is optional. Within the Village Center subdistrict there are three (3) designated land use areas (See Figure 1):

(A) Village Conservancy and/or Satellite Conservancy subdistricts.

(B) Village Center subdistrict.

(1) Designated residential area.

(2) Designated commercial area.

(3) Designated workplace subarea.

4-1204 Transportation Requirements. The Concept Development Plan of a Village Center shall demonstrate that the following transportation requirements are satisfied:

(A) The Village Center shall have at least two (2) points of access onto paved two (2) lane roadways designated in Table 4-1204 below as part of the Significant Rural Transportation Route & Corridor Network. This requirement may be modified pursuant to Section 4-1218(B) subject to County approval in cases where one (1) access point to a paved road is found to be sufficient and a secondary means of access is provided for emergency vehicles.

(B) Additional points of access to Significant Rural Transportation Routes maintained through State Primary Funds are discouraged. County approval of all access points to such streets shall be judged on the safety merits of the proposed road network design.

(C) Other significant transportation routes and corridors, found to be acceptable to the County, may be utilized provided that such roads are paved with a minimum twenty (20) foot section or that the applicant has secured and improved, or has agreements with off site property owners to secure and improve, the right-of-way necessary to develop a paved



A-130

twenty (20) foot section, which meets County standards, from the property to the nearest intersecting road listed in Table 4-1204.

(D) Any secondary road improved to a minimum twenty (20) foot paved section through the County Six Year Secondary Road Improvement Program after the adoption of this ordinance, meeting all County standards for horizontal and vertical geometry and design speed shall be, upon completion of construction, considered to be included on Table 4-1204.

(E) Neighborhood streets serving a Village Center should not have direct access to any Significant Rural Transportation Route or Corridor road.

(F) Significant Rural Transportation Route and Corridor Network roads shall not serve as through roads or neighborhood streets within a Village Center unless a new bypass road of similar function is provided.

(G) All roads, streets and alleys, internal and external to the Village Center, and all improvements required for the proper design and safe function of the Village Center shall be provided by the applicant and maintained, in a manner approved by the County, either by the applicant, the Village Homeowner Association, or VDOT.

(H) All private streets, not accepted as public streets by VDOT, must meet the standards for private streets in the Facilities Standards Manual (FSM), and must be maintained either by the applicant or the Village Homeowner Association.

(1) All residences served by a private street shall be subject to a recorded covenant expressly requiring private maintenance of such street in perpetuity and the establishment, commencing with the initial record plat, of a reserve fund for repairs to such street.

(2) The record plat and protective covenants for such a Rural Village shall expressly state that the County and VDOT have no, and will have no, responsibility for the maintenance, repair, or replacement of private streets.

(3) Sales brochures, or other literature and documents, provided by the seller of lots served by such private streets, shall include information regarding responsibility for maintenance, repair, replacement, and covenants pertaining to such streets, including a statement that the County has no, and will have no, responsibility for the maintenance, repair, or replacement of private streets.

(I) Lots in the Village Conservancy may be served by private access easements designed and constructed to standards in the Facilities Standards Manual.



A-131

TABLE 4-1204

SIGNIFICANT RURAL TRANSPORTATION ROUTE & CORRIDOR NETWORK

1. The following road maintained through State Primary Funds:

Routes 7, 9, 15, 50, 287, 340

2. The following roads and corridors maintained through State Secondary Funds:

Routes and corridors 673/681, 621, 655, 671, 672, 704, 734 719/743/623, 626/736, 733/745, 731/728/722, 690/673 623/725, 662/665/668, 662/657/661, 626, 662, 663, 860

658, 615, 659, 682, 705, 620, 710, 709

4-1205 Purpose and Intent of Subdistricts and Areas. (See Figure 2)

(A) Village Conservancy and Satellite Conservancy subdistricts. To surround the Village Center subdistrict with open land affording rural views, to provide significant buffering of neighboring properties and to provide a land base for agricultural, forestal and open space uses.

(B) Village Center Subdistrict - Residential Area. To provide for a compact settlement of single family homes in a residential neighborhood environment, complemented by compatible civic, business and residential uses, parks, squares and greens. (See Figure 3)

(C) Village Center Subdistrict - Commercial Area. To provide a variety of retail shops and services to support the needs of village and neighboring residents, complemented by other compatible civic, business and residential uses, which would be housed in buildings with commercial uses on the ground floor consistent with a small downtown or central market place of a community.

(D) Village Center Subdistrict - Workplace Area. To provide employment opportunities for rural village and neighboring residents and to provide sites for compatible small, light industrial uses which support the rural area without undue adverse impact on the village, surrounding lands, and neighboring residents.

4-1206 Size and Location of Subdistricts.

(A) Village Conservancy Subdistrict. The Village Center shall be ringed by a buffer of land, described hereafter as the Village Conservancy,



A-132

which shall create a visual and physical distinction between the settlement, the surrounding countryside and any neighboring hamlets, villages and towns. The Village Conservancy subdistrict shall be:

(1) A contiguous and generally compact block of land.

(2) A minimum of eighty percent (80%) of the Rural Village district, exclusive of any Satellite Conservancy subdistrict land area.

(3) Subdivided into lots with an average size of 50 acres or more.

(4) No less than 800 feet in depth at all points along the perimeter of the Village Center, except as modified by the County (See Section 4-1218(B)).

(5) Placed under permanent open space conservation easement limiting uses to those listed in Sections 4-1209 and 4-1210 and prohibiting further subdivision.

(B) Rural Village Satellite Conservancy Subdistrict. A Rural Village district may include detached parcels constituting a Satellite Conservancy subdistrict. Transfer of development potential from a Satellite Conservancy may increase the total development potential of the balance of the Rural Village District, provided that such development potential is not increased by more than twenty percent (20%). Such Satellite Conservancy subdistricts shall:

(1) Be located so that at least one boundary of the Satellite Conservancy is no further than one and one-half (1.5) miles from the nearest point of the Conservancy subdistrict unless these provisions are specifically modified by the County, pursuant to Section 4-1218(B).

(2) Be at least fifty (50) acres in size.

(3) If subdivided, be larger than 100 acres in size, and be subdivided into lots with an average size of no less than 50 acres.

(4) Be placed under permanent open space conservation easement limiting uses to those listed in Section 4-1209 and 4-1210 and prohibiting further subdivision.

(C) Village Center Subdistrict. The Village Center including residential, commercial and workplace areas, shall:

(1) Not exceed a maximum of twenty percent (20%) of the district.

(2) Be contiguous and generally compact in shape.



A-133

(3) Contain no more than 300 dwelling units, exclusive of

conservancy lots units or accessory dwelling units, at a density of no less than 1.5 dwellings per acre and no more than 5.0 dwellings per acre of the village center.

(4) Identify the location of all required civic lots and greens.

(D) At a minimum, the location of the Village Center shall conform to the following general criteria:

(1) It shall be located at least one (1) mile from the boundary of an existing town, and at least one (1) mile from the boundary of an existing village, as defined in the General Plan, and at least one (1) mile from the boundary of another approved Village Center.

(2) In any case, Rural Village districts shall not be located within an Urban Growth Area (UGA) as defined in the General Plan.

(3) It shall be located at least three (3) miles from the boundary of the Waterford National Historic Landmark unless specifically modified by the County pursuant to Section 4-1218(B).

(4) In the event that the County modifies the minimum one (1) mile and/or three (3) mile Village Center distance rules, the buffering and landscaping requirements of this Ordinance may be modified and additional requirements may be imposed, at the discretion of the County, in order to ensure that the identity of the existing town or village and its setting are preserved.

(E) If located in a Mountainside Development Overlay district, the Village shall be designed to comply with performance standards and criteria in the Mountainside Development Overlay district (Section 4-1600).

4-1207 Land Use Mix. Village Conservancy, Satellite Conservancy and Village Center subdistricts, residential, commercial, workplace areas and civic lots shall conform with the land allocation requirements in Table 4-1207. (See Figures 4 and 5)

TABLE 4-1207 RURAL VILLAGE - LAND ALLOCATION REQUIREMENTS

SUBDISTRICT/AREA PERCENT OF RURAL VILLAGE DISTRICT LAND AREA

Village Conservancy (VC) Minimum 80%P

*

Satellite Conservancy (SC) None Required

Village Center Maximum 20%

Civic Lots** Minimum .6% Section 4-1200

Revision Date: September 2, 2013 February 19, 2014 Board of Supervisors Public Hearing 3/12/2014


A-134

Greens, Parks and Squares Minimum 1.0% House Lots No minimum or maximum Commercial & workplace lots Minimum 3,000 sq. ft.

*Note: Inclusive of any greens, parks and squares.

**Note: For purpose of applying the percentages in the above table, land designated for use as a private or public school for more than 9 children shall be excluded from these calculations as a civic use. 4-1208 Development Potential in the Rural Village District.

(A) Designated Residential Areas.

(1) The maximum residential development potential of the Rural Village district, shall be calculated upon a base density of one (1) dwelling unit per three (3) acres, as adjusted by application of the following bonuses:

(a) The base number of proposed residential units in the village may be increased by 35 percent in all rural villages.

(b) The base number of proposed residential units in the village may be increased by an additional fifteen percent (15%) if the proposed village includes a mix of both single-family detached and single-family attached dwelling units.

(c) The base number of proposed residential units in the village may be increased by four (4) dwelling units for each 100 acres dedicated to serve as Village Conservancy lot(s).

In any case, the maximum number of residential units within the Village district shall not exceed 300 dwelling units, exclusive of dwelling units developed on conservancy lots and accessory dwelling units.

(2) The total number of residential units permitted in a village, as determined above, shall not include those residential units established on lots which are created in the Village Conservancy and Satellite Conservancy subdistricts.

(3) The maximum residential development potential of a Satellite Conservancy subdistrict, which may be transferred to the Village Center, shall be limited by the provisions of Section 4-1206(B).

(4) Additional accessory dwelling units are permitted on lots three (3) acres in size or greater, pursuant to Section 5-613 of this Ordinance.



A-135

(B) Designated Commercial and Workplace Areas.

(1) The County will permit non-residential uses in the Village Center subdistrict subject to Sections 4-1209 Permitted Uses, 4-1210 Special Exception Uses, 4-1207 Land Allocation, and 4-1213 Lot and Building Requirements.

(2) Accessory dwellings and apartments associated with commercial and workplace uses shall be permitted, provided that all accessory units on commercial and workplace lots are located above the first floor. Such accessory units are not included in calculating the maximum residential development potential provided for above in Section 4-1208(A).

4-1209 Permitted Uses.

(A) Village Conservancy and Satellite Conservancy Subdistricts. The following uses shall be permitted in both the Village Conservancy and Satellite Conservancy subdistricts:

(1) Agriculture, horticulture, forestry or fishery.

(2) Open space.

(3) Nature preserve, such as but not limited to, wildlife sanctuary, conservation area and game preserve.

(4) Watershed and water impoundment protection areas.

(5) Nature and recreation trails.

(6) Stormwater management structures and ponds.

(7) Home occupation, pursuant to Section 5-400.

(8) Child or adult day care home, pursuant Section 5-609.

(9) Private school for less than nine (9) pupils.

(10) Bed and breakfast Breakfast homestayHomestay, pursuant to section Section 5-601(A).

(11) Active recreation space.

(12) Public or private playground, or neighborhood park.

(13) Convent, monastery, or seminary.

(14) Dwelling, single family detached.

(15) Accessory apartment or dwelling unit, pursuant to Section 5-613. Section 4-1200



A-136

(16) Public water and wastewater facilities including land application

fields, identified on the approved Concept Development Plan.

(17) Equestrian facility, on lots of fifty (50) acres or more, with frontage on a state maintained road.

(18) Farm machinery sales and service, pursuant to Section 5-615.

(19) Guest farm or ranch, leasing no more than three (3) guest rooms.

(20) Guest house, pursuant to Section 5-612.

(21) Nursery, production, with frontage on a state maintained road, pursuant to Section 5-605.

(22) Recycling drop-off collection center, small, pursuant to Section 5-607.

(23) Dwelling, single family detached, including doublewide manufactured housing.

(24) Small business, pursuant to Section 5-614.

(25) Stable, neighborhood, on lots of twenty five (25) acres or more, with frontage on a state maintained road.

(26) Stable, private.

(27) Tenant dwelling, pursuant to Section 5-602(A) & (C).

(28) Wayside stand, pursuant to Section 5-604.

(29) Utility substation, dedicated.

(30) Veterinary service.

(31) Bus shelter.

(32) Commuter parking lot, with less than 50 spaces.

(33) Sewer pumping station.

(34) Mill, feed and farm supply center.

(35) Water pumping station.

(B) Village Center - Residential Area.

(1) Dwelling, single family detached.

(2) Home occupation. Section 4-1200



A-137

(3) Child or adult day care home.

(4) Private school for less than nine (9) pupils.

(5) Bed and breakfast Breakfast homestayHomestay, pursuant to Section 5-601(A).

(6) Office, as an accessory use and occupying no more than 1,200 square feet of floor area per lot.

(7) One accessory building and/or dwelling, on lots greater than three acres in size, pursuant to Section 5-613.

(8) Greens, parks and squares.

(9) Dwelling, single family attached.

(10) Studio space - artist, crafts person, writer, etc.

(11) Bed and breakfast Breakfast innInn, pursuant to Section 5-601(B).

(12) Retail sales, accessory to residential use and occupying no more than 600 square feet of floor area per lot.

(C) Village Center - Commercial and Workplace Areas.

(1) Church, synagogue and temple.


(3) Library.

(4) Post office.

(5) Museum, historical and cultural center.

(6) Child or adult day care center.

(7) Community center.

(8) Theater.

(9) Greens, parks and squares.

(10) Accessory apartment or dwelling units, located above the ground floor.

(11) Retail sales, occupying no more than 5,000 square feet of floor area per lot.



A-138

(12) Personal service establishment.

(13) Business service establishment.

(14) Banks or financial institution, pursuant to Section 5-659.

(15) Structures or use for federal, state or local government purposes.

(16) Office, occupying no more than 10,000 square feet of floor area per lot.

(17) Restaurant.

(18) Studio space - artist, crafts person, writer, etc.

(19) Country innInn, pursuant to Section 5-601(C).

(20) Bed and breakfast Breakfast innInn, pursuant to Section 5-601(B).

(21) Office, medical and dental.

(22) Continuing care facility, with less than 20 rooms.

(23) Veterinary service.

(24) Fire and/or rescue station.

(25) Farm market.

(26) Contractor service establishment, without outdoor storage.

(27) Convenience food store, without gas pumps.

(28) Telecommunications antenna, pursuant to Section 5-618(A).

(29) Police Station.

4-1210 Special Exception Uses.

(A) Village Conservancy and Village Satellite Conservancy Subdistrict. The following uses shall be permitted by special exception in both the Village Conservancy and Satellite Conservancy subdistricts unless otherwise designated:

(1) Golf course, clubhouse and supporting uses including restaurant, pro-shop, maintenance structures, tennis/racquet ball courts and parking lots in the Village Conservancy subdistrict.

(2) Rural Retreats and Resorts pursuant to Section 5-601(D), supporting recreational uses for hotels/motels, community



A-139

recreation facilities including restaurants, swimming pools and changing facilities, maintenance structures, tennis/racquet ball courts and parking lots in the Village Conservancy subdistrict.

(3) Schools in the Village Conservancy subdistrict.

(4) Child and/or adult day care center in the Village Conservancy subdistrict.

(5) Public water and wastewater facilities including land application fields, not identified on the approved Concept Development Plan, in the Village Conservancy subdistrict.

(6) Cemetery.

(7) Park, regional.

(8) Museum, historical and cultural center, arboretum.

(B) Village Center - Residential Area.

(1) Church, synagogue and temple.


(3) Library.

(4) Post office.

(5) Museum, historical and cultural center, arboretum.

(6) Child and/or adult day care center.


(8) Theater.

(9) School.

(10) Structures or uses for federal, state or local government purposes.

(11) Art gallery.

(12) Continuing care facility.

(13) Retail sales, occupying less than 3,000 square feet of floor area per lot.

(14) Office, less than 6,000 square feet of floor area per lot.

(15) Hotel/Motel, with more than twenty (20) guest rooms. Section 4-1200



A-140

(16) Personal service establishment.

(17) Business service establishment.

(C) Rural Village Center - Commercial and Workplace Areas.

(1) Retail sales, occupying more than 5,000 and less than 10,000 square feet of floor area per lot.

(2) Office, occupying more than 10,000 and less than 20,000 square feet of floor area per lot.

(3) Hotel/Motel.

(4) Rural retreat.

(5) School.

(6) Continuing care facility, with more than 20 rooms.

(7) Car wash.

(8) Automobile service station.

(9) Storage, outdoor.

(10) Sale and storage of building materials and garden supplies.

(11) Motor vehicle storage, outdoor.

(12) Convenience food store, with gas pumps.

(13) Warehousing facility.

(14) Establishments for assembly, fabrication, processing, production and/or manufacturing of goods or products.

(15) Farm machinery sales and service.

(16) Utility substation, communal water and wastewater treatment facilities and other utilities to serve the Rural Village district.

(17) Animal hospital.

(18) Nursery, commercial.

(19) Repair service establishment, with accessory outdoor storage.

(20) Contractor service establishment, with accessory outdoor storage.



A-141

(21) Stone cutting, welding, blacksmith, tinsmith and woodworking

shops with accessory enclosed storage.

(22) Storage, mini-warehouse.

(23) Private club or lodge.

(24) Banquet/Event Facility, pursuant to Section 5-642, by Minor Special Exception.

(23)(25) Country Inn with Restaurant, pursuant to Section 5-601(C), by Minor Special Exception.

4-1211 Permitted Uses on Civic Lots. The following uses are permitted on Civic Lots in this district:

(A) Church, synagogue and temple.

(B) Convent, monastery, or seminary.

(C) Library.

(D) Post office.

(E) Museum, historical and cultural center, arboretum.

(F) Community center.

(G) Theater.

(H) School.

(I) Structures or uses for federal, state or local government purposes.

(J) Art gallery.

(K) Greens, parks and squares.

(L) Recreational structure or use primarily for village residents.



A-142

Section 4-1350 PD-MUB Planned Development-Mixed Use Business District

4-1351 Purpose and Intent. A Planned Development Mixed Use Business District is established to provide for mixed use business developments. The district encourages a compact pedestrian-oriented mix of uses. The uses are regional office, light industrial uses, retail, service, civic and high density residential uses located in close proximity to each other in order to create an attractive environment in which to live, work and play. The mix of uses is anticipated to create a sense of place, organized around one or more public or civic uses that serve to unify the overall development. Environmental features shall be preserved and integrated into the plan of development. The major land uses shall be linked by way of pedestrian linkages, trails and greenways that connect the businesses, residences and open space. The pedestrian-oriented nature of the district should be emphasized by the building scale and design, block sizes, pedestrian-oriented uses and pedestrian-friendly streetscapes.

4-1352 Size and Location. A PD-MUB District shall contain no fewer than 25 acres and shall be located along an arterial or major collector roadway. The district shall be located in areas served by public water and sewer systems. Contiguous additions of any size shall be allowed to an existing PD-MUB District if the applicant demonstrates that the addition is integrated with the district that was previously approved. Existing uses on lots that are included within a proposed PD-MUB District may be used to meet the minimum use percentages required in Section 4-1355(A) during the rezoning process.

4-1353 Permitted Uses. The following uses shall be permitted in any PD-MUB District subject to the requirements and limitations of these regulations.

(A) Employment Uses.

(1) Offices, administrative, business or professional.

(2) Research and development.

(B) Commercial Uses.

(1) Banks or other financial institutions, without drive-throughs.

(2) Health and fitness center.

(3) Offices, medical and dental.

(4) Child care center, pursuant to Section 5-609(B).

(5) Adult day care center.

(6) Business service establishment. Section 4-1350



A-143

(7) Hotel/motel, pursuant to Section 5-611.

(8) Conference or training center.

(9) Personal service establishments.

(10) Retail sales establishments, excluding drive-throughs.

(11) Restaurants, including carry-out but excluding drive-throughs.

(12) Restaurant, dinner theater.

(13) Convenience food stores, pursuant to Section 5-617.

(14) Banquet facility/Event facilityFacility.

(15) Art gallery.

(16) Theater, indoor.

(17) Art Studio

(C) Residential Uses.

(1) Dwellings, multifamily.

(D) Public, Civic, Institutional Uses.

(1) Educational institution.

(2) Public use, excluding schools.

(3) Park, Neighborhood.

(4) Church, synagogue, temple or mosque.


(6) Cultural center.

(E) Utility Uses.

(1) Water pumping station, pursuant to Section 5-621.

(2) Sewer pumping station, pursuant to Section 5-621.

(3) Telecommunications antenna, pursuant to Section 5-618(A).

4-1354 Special Exception Uses. The following uses may be approved by the Board of Supervisors and may be subject to conditions pursuant to Section 6-1300.



A-144

(A) Employment Uses.

(1) Flex-industrial uses, pursuant to Section 5-608.

(2) Manufacturing, processing, fabrication and or assembly of products.

(3) Wholesale Trade Establishment.

(B) Commercial Uses.

(1) Medical facilities, outpatient only.

(2) Commercial uses with drive-throughs, pursuant to Section 5-659.

(3) Gas pumps accessory to a convenience store, pursuant to Section 5-617.

(4) Automobile service station.

(C) Residential Uses.

(1) Dwellings, single family attached.

(D) Public, Civic, Institutional Uses.

(1) Heliport, helistop.

(2) Radio, radar or television tower.

(3) Hospitals, pursuant to Section 5-610.

(4) Continuing care facility.

(5) School.

(6) Outdoor amphitheater

(E) Utility Uses.

(1) Telecommunications monopole, pursuant to Section 5-618(B)(2).

(2) Telecommunications tower, pursuant to Section 5-618(C)(2).



A-145

Section 5-500 Temporary Uses/Zoning Permits. These uses are permitted in all zoning

districts, subject to the following.

(A) Construction Related Temporary Uses.

(1) Construction and Sales Trailers. Temporary buildings, including but not limited to, construction and sales trailers, and storage of materials are permitted in conjunction with the construction of a building, buildings, subdivision, infrastructure, or development when limited to the duration of the construction. Temporary buildings may be erected after preliminary subdivision plat or site plan approval so long as zoning requirements are met for the lot on which the temporary buildings are placed and appropriate building permits have been obtained. Such temporary buildings shall be removed as a condition of final bond release.

(2) Temporary Dwelling unit in conjunction with construction of a dwelling. The erection and occupancy of a temporary dwelling for up to twelve (12) months, which may be extended by the Zoning Administrator in 6 month increments, is permitted during the construction of a dwelling on the same lot subject to obtaining a zoning permit, to be issued concurrently with or after the issuance of the building permit.

(3) Sales and leasing. Residential and non-residential sales and leasing are permitted as a temporary use in a dwelling, a model home, or temporary building located in the same subdivision or development where the dwellings or non-residential buildings are to be located and offered for sale or lease. The sales use is permitted until the issuance of the last occupancy permit within the subdivision or development.

(4) Model Homes. Single family detached model homes are permitted in all districts where residential uses are allowed. Single family detached model homes may be constructed prior to record plat approval so long as zoning requirements are met for the lot on which the home is constructed and appropriate building permits have been obtained. If a model home has been constructed prior to record plat approval, it shall be depicted on the record plat. Single family attached model homes, multi-family model units, and model home courts are permitted subject to first

Section 5-500

Revision Date: March 1, 2011February 19, 2014 Board of Supervisors Public Hearing 3/12/2014


A-146

obtaining record plat or site plan approval. In addition, if any model home incorporates features that are atypical to the ultimate residential use of the home, such as, but not limited to, utilization of the garage for a sales office without the provision of adequate on-site parking, or provision of a centralized parking area for a model court, then the use is also subject to review and approval through a site plan amendment process. Alternatively, the model unit or model court may be incorporated in the construction plans and profiles of the applicable development subdivision or site plan. The County may require a bond as appropriate to ensure that the atypical features including temporary parking lots will be removed or brought into conformance prior to conversion of the unit for residential occupancy. Notwithstanding, nothing herein shall be construed so as to require a garage in a model home to be utilized for parking, if the unit or lot otherwise meets the parking requirements of this ordinance. A model home shall obtain an occupancy permit prior to residential occupancy.

(B) Temporary Sales. Temporary sales of produce, Christmas trees, fireworks, and other seasonal goods, may be permitted on application for a temporary zoning permit to the Zoning Administrator. Such permit may impose conditions necessary to alleviate any adverse impacts such as provisions for adequate parking, traffic safety, fire safety, hours of operation, provision for sewage disposal, and other health and safety concerns the Zoning Administrator may deem necessary, and the posting of a bond to ensure timely removal of structures and materials and restoration of the area. A temporary zoning permit for temporary sales shall be valid for a period not to exceed 45 days, unless extended, and shall require that all structures and materials be removed within such time period. At a minimum:

(1) Structures for temporary sales shall not exceed 400 square feet in floor area nor be closer than 35 feet to a right of way or prescriptive easement of a road.

(2) Entrances and exits to roads shall be clearly delineated.

(3) Entrances and exits shall be so located as to provide safe ingress and egress from roads and shall be channeled to prevent unrestricted access to and from the premises.

Section 5-500



A-147

(C) Special Events. Special events may be permitted on application

for a temporary zoning permit to the Zoning Administrator, subject to this subsection’s standards and requirements.

(1) Exemption for Special Events Approved as Part of a Special Exception Use. Special events that are expressly approved as part of a special exception use are exempt from this subsection’s requirements for a temporary zoning permit. If specific facilities or areas will be constructed or used to host the proposed special events, they shall be shown on the site plan required for the special exception use. Such special events shall comply with any applicable conditions stated in the special exception approval, and all other applicable provisions in the Zoning Ordinance, and the Loudoun County Code.

(2) Permitted Locations. Special events shall be permitted only when proposed to be held, in whole or in part, on any of the following properties, or a combination thereof:

(a) Public or private property within one or more of the Rural and Transition Residential Zoning Districts;

(b) Nonresidential private property within one or more of the Joint Land Management Area (JLMA) Zoning Districts, Suburban Zoning Districts or Planned Development (PD) Zoning Districts; or

(c) Residential private property within any Joint Land Management Area (JLMA) Zoning Districts, Suburban Zoning District, or within a Planned Development (PD) Zoning District that contains a total gross acreage of at least two (2) acres.

(3) Referral Authorized.

(a) Upon acceptance of the application for a special event permit, the Zoning Administrator may refer the application for comments to any town, county, or state departments or agencies, as appropriate, for full and adequate review of the merits of the application.

(b) Each reviewing agency or department shall submit its comments in writing to the Zoning Administrator

Section 5-500



A-148

within fifteen (15) calendar days from receipt of the Administrator’s referral request.

(4) Minimum Standards and Criteria for Review. The Zoning Administrator shall approve a temporary zoning permit application for a special event if it meets all of the following standards and criteria:

(a) The proposed event shall be located, operated, and maintained in a manner consistent with the provisions of this Ordinance.

(b) The particular location requested can reasonably accommodate the proposed temporary event, given the proposed use’s nature, size, and duration.

(c) The operation of the requested event at the location proposed and within the time period specified shall not create significant adverse impacts, including but not limited to environmental, visual, glare, traffic, noise, or odor impacts, on adjacent properties, or improvements on adjacent properties, or in the surrounding area.

(d) The proposed event shall not create an unreasonable risk of:

(i) Significant damage to public or private property, beyond normal wear and tear;

(ii) Injury to persons;

(iii) Public or private disturbances or nuisances;

(iv) Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel; or

(v) Additional police, fire, trash removal, maintenance, or other public services demands, unless substantially mitigated by the applicant or operator.

(e) The time and location requested for the proposed special event shall not be already permitted or reserved for other activities.

Section 5-500



A-149

(f) Permanent alterations to the site are prohibited,

unless the Zoning Administrator specifically approves the alteration so that the permit applicant can comply with this subsection 5-500(C).

(g) Permanent signs are prohibited. All temporary signs approved under Section 5-1200 of this Ordinance and that are associated with the event use shall be removed when the special event ends.

(h) Special events shall not violate any applicable conditions of approval that apply to the principal use on the site.

(i) The applicant or operator has received or complies with any other required permits, such as health department permits, or other federal, state, or county regulations.

(5) Authority for Reasonable Conditions of Approval. The Zoning Administrator may impose reasonable conditions necessary to assure compliance with the standards in this subsection, to ensure that operation and maintenance of the special event mitigate potential adverse impacts on existing uses on adjoining properties and in the surrounding area, and to protect the public health, safety and general welfare. Conditions may address, but are not limited to, provisions for adequate parking, storage, and lighting; provisions for security, traffic safety, fire and life safety; conditions limiting hours of operation; provision for adequate sewage disposal; and any other health and safety concerns the Zoning Administrator may deem necessary to comply with the standards in Section 5-500 (C)(6), above. In addition, the Zoning Administrator may require the posting of a bond to ensure timely removal of structures and materials and restoration of the area.

(6) Term of Approval/Permit. A temporary zoning permit for a special event authorized pursuant to this subsection shall be limited to a maximum duration of fourteen (14) days, unless otherwise specifically authorized or extended by the Zoning Administrator. A permittee may request an extension of the approval term in writing before the expiration of the original approval term and the Zoning Administrator may approve an extension upon a finding

Section 5-500



A-150

that the special event has substantially complied with all conditions of the original approval, and that the extension will not create substantial adverse impacts on adjacent properties. All structures and materials related to the special event shall be removed within the approval time period or as such period may be extended.

(7) Maximum Number of Non-exempt Special Events per Property. Within any single calendar year, the same property may host no more than ten (10) special events pursuant to this subsection. The temporary use permits for these special events may be reviewed and approved concurrently. A minimum of 14 days shall lapse between special events on any one property, or the subsequent special event shall be a minimum of two thousand (2,000) feet from the location of the previous event.

(D) Other Temporary Uses. Other temporary activities for compensation not otherwise specifically addressed in this Section 5-500 may be permitted upon application for a temporary zoning permit to the Zoning Administrator. Such permit may impose conditions regarding the hours of operation, the volume of amplified music, the type and intensity of outdoor lighting, and similar matters affecting health, safety, and the public welfare, provided such conditions are necessary to alleviate any adverse impact of the activity upon neighboring roads and properties. Other temporary activities permitted by temporary zoning permits under this subsection 5-500(D) must be clearly incidental and subordinate to the permitted principal use of the property.

(E) Generally Applicable Temporary Zoning Permit Requirements. All applications for a temporary zoning permit for a temporary use or event under this Section 5-500 shall comply with the following minimum requirements:

(1) All temporary zoning permits shall be applied for at least thirty (30) days in advance of the event or function.

(2) Unless the temporary event is addressed and covered through a previously approved special exception permit under subsection 5-500(C)(3) above, a separate temporary zoning permit shall be obtained for each temporary use or event. The County may allow concurrent review and approval of applications for multiple temporary uses or events on the same property if it finds that concurrent

Section 5-500



A-151

review is feasible within the time frames established by this section.

Section 5-500



A-152

Section 5-600 Additional Regulations for Specific Uses. The following additional

regulations apply to specific uses as set forth below. These regulations are intended to serve as the minimum standards for these uses, and are not intended to be in substitution for other provisions of this ordinance that may apply, or for additional conditions that may be imposed in connection with special exception or rezoning approvals. Unless otherwise specified, the following additional regulations may be modified by Minor Special Exception in accordance with the provisions of Section 6-1300. Modifications may be approved by the Board of Supervisors upon a finding that such modification to the regulations will achieve an innovative design, improve upon the existing regulations, preserve the County’s historic or archeological heritage, or otherwise exceed the public purpose of the existing regulation. No modification shall be granted to any of the underlying zoning district regulations.

5-601 Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn and Rural Guest Retreats and Rural Resorts Establishments. These establishments may be located in accord with the lists of permitted and special exception uses for the individual zoning districts subject to the following criteria:

(A) Bed and Breakfast Homestay.

(1) Intensity/Character.

(a) Management. The owner of the premises shall reside in and manage the Bed and Breakfast Homestay.

(b) Guest Rooms. 1 – 3 guest rooms.

(c) Lot Size. No minimum lot area.

(d) Food Service. The Bed and Breakfast Homestay shall not contain restaurant facilities, but may provide food service for overnight guests or private party attendees, only.

(e) Private Parties.

(i) Private parties for up to 10 attendees, including overnight guests, may be held daily at the Bed and Breakfast Homestay.

(ii) Private Parties for more than 10 attendees shall require approval of a Temporary

Section 5-600

Revision Date: February 1, 2013 February 19, 2014 Board of Supervisors Public Hearing 3/12/2014


A-153

Zoning Permit for each event in accordance with Section 5-500(C) Special Events.

(2) Landscaping/Buffering/Screening. The Bed and Breakfast Homestay shall comply with the landscaping and screening standards of Section 5-653(A) to screen outside private party areas from adjacent properties, regardless the size of adjacent property.

(3) Parking.

(a) General. Parking and loading for a Bed and Breakfast Homestay shall be provided as required by Section 5-1102.

(b) Temporary. Parking for private parties for more than 10 attendees shall be provided at a rate of .33 parking spaces per person.

(4) Exterior Lighting. Exterior lighting for a Bed and Breakfast Homestay shall be subject to Section 5-652(A)(2)-(3) (Exterior Lighting Standards). In addition to the requirements of Section 5-652, the maximum height of pole-mounted exterior lighting shall be 12 feet.

(5) Noise.

(a) The maximum allowable dB(A) level of impulsive sound emitted from the use, as measured at the property line, shall not exceed 55 dB(A).

(b) No music or outside private parties shall be permitted between 12 am (midnight) and 7 am.

(6) Roads/Access. For any Bed and Breakfast Homestay that is not located on a publicly maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the proposed access may be used to access the establishment.

(A)(B) Bed and Breakfast Inn.

(1) The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by guests. The owner or manager may live on the premise.

Section 5-600



A-154

(2) The establishment shall not contain restaurant facilities but

may provide food service for overnight or other transient guests attending meetings or private parties.

(3) Weddings, receptions, private parties, meetings and similar activities may be held at the Bed and Breakfast with the maximum number of attendees based on the maximum sleeping capacity of the facility. The hosting of the aforementioned gatherings in excess of the sleeping capacity of the facility may be held up to ten times per calendar year. A minimum of 14 days shall lapse between such gatherings. Written notice shall be provided 30 days in advance of the gathering to the Zoning Administrator. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Fire Department. Additional gatherings may be held in accordance with Section 5-642, Banquet/Event Facility, with the approval of a Minor Special Exception.

(4) For any establishment that is not located on a state maintained road, a copy of the deed establishing the ingress/egress easement shall be provided to the Zoning Administrator. The deed shall demonstrate that the easement may be used to support the establishment.

(5) Entrances and exits from the state-maintained road shall provide safe ingress and egress from roads, and shall be channeled to prevent unrestricted access to and from the premises.

(6)(1) Intensity/Character.

(a) Management. The owner or manager of the premises shall provide full-time management at all times when the Bed and Breakfast Inn is occupied by overnight guests or private party attendees. An owner or manager may live on the premises.

(a)(b) Guest Rooms. The number of guest rooms shall not exceed 10.minimum lot area shall be as follows:

Use Lot Area (Minimum)

No. of Guest Rooms

Level I- small scale 5 acres 3-7 rooms

Section 5-600



A-155

Level II- medium scale 10 acres 8-10 rooms

(c) Lot Area. The minimum lot area shall be 5 acres.

(d) Size of Use. The floor area ratio shall not exceed 0.04.

(e) Food Service. The Bed and Breakfast Inn shall not contain restaurant facilities, but may provide food service for overnight guests or private party attendees, only.

(f) Private Parties.

(i) Private parties for up to 25 attendees, including overnight guests, may be held daily at the Bed and Breakfast Inn.

(ii) Private parties for more than 25 attendees, with a maximum of 150 attendees, including overnight guests may be held up to 15 times per calendar year. Written notice for private parties for more than 25 attendees shall be provided to the Zoning Administrator at least 30 days in advance of each private party, or at least 30 days in advance of the first private party of the calendar year if the dates of all such private parties are listed in the notice. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Department of Fire, Rescue & Emergency Management.

(g) Yard Standards.

(i) The Bed and Breakfast Inn use shall be setback 100 feet from all lot lines.

(ii) Parking shall be setback 100 feet from all lot lines.

(b)(iii) Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use.

Section 5-600



A-156

(c)(2) Landscaping/Buffering/Screening.

(i)(a) The use shall comply with the landscaping and screening standards of Section 5-653(A) to screen outside private party areas from adjacent properties, regardless the size of adjacent properties.

(ii)(b) Parking areas shall be screened to comply with the landscaping and screening requirements standards of Section 5-653(B).

(iii)(c) New Driveways driveways providing access to a Bed and Breakfast Inn use shall not be located within a required buffer yard area except as minimally necessary to access the site.

(d)(3) Parking.

(a) General. Parking and loading for a bed and breakfast innBed and Breakfast Inn shall be provided as required by Section 5-1102.

(i)(b) Temporary. Parking for private parties for more than 25 attendees shall be provided at a rate of .33 parking spaces per person, plus 1 per employee vehicle.

(ii)(c) Surface. All parking areas serving the use shall use a dust-free surfacing material as provided in the Facilities Standards Manual.

(e)(4) Exterior Lighting. Exterior lighting for a bed and breakfast innBed and Breakfast Inn shall be for security purposes only, subject to Section 5-652(1)-(3) (Exterior Lighting Standards). In addition to the requirements of Section 5-652, the maximum height of pole-mounted exterior lighting, outside of parking areas, shall be 12 feet.

(5) Noise.


(b) In addition, no No music or outdoor music outside private parties shall be permitted between 11 pm

Section 5-600



A-157

and 10 am on Friday, Saturday, and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursday 12 am (midnight) and 7 am.

(6) Roads/Access.

(a) The Bed and Breakfast Inn shall comply with the Road Access Standards in Section 5-654.

(b) For any Bed and Breakfast Inn that is not located on a publicly maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the easement may be used to support the establishment.

(c) There shall be no more than two points of access for the Bed and Breakfast Inn.

( )

(8)(7) A structure existing prior to January 7, 2003, located within an Historic Site District or Historic and Cultural Conservation District may be used as a Bed & and Breakfast Inn and shall be exempt from the minimum lot area, yard and floor area ratio requirements specified above, provided that any expansion or enlargement of such structure shall not exceed 15% of the total floor area existing prior to January 7, 2003, unless a greater expansion is approved by minor Minor special Special exception Exception pursuant to section 6-1300.

(B)(C) Country Inn.

(1) The owner or manager shall provide full-time management of the premises at all times when the establishment is occupied by guests.

(2) In addition to guest rooms, the establishment may, by Minor Special Exception, contain a full-service restaurant that may provide meal service to guests and the general public. Weddings, receptions, private parties, meetings and similar activities may be held at the Country Inn with the maximum number of attendees based on the maximum sleeping capacity of the facility. The hosting of the aforementioned gatherings in excess of the sleeping

Section 5-600



A-158

capacity of the facility may be held up to ten times per calendar year. A minimum of 14 days shall lapse between such gatherings. Written notice shall be provided 30 days in advance of the gathering to the Zoning Administrator. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Fire Department. Additional gatherings may be held in accordance with Section 5-642, Banquet/Event Facility, with the approval of a Minor Special Exception.

(3) A maximum of 10% of the gross floor area of the Country inn may be comprised of accessory day treatment, spa facilities.



(6) A Country Inn shall have at least four rooms for transient overnight occupancy and provide at least one of the following elements:

( ) More than 10 rooms not to exceed 40 rooms for transient overnight occupancy, such facility may include Banquet/Event facilities with a Minor Special Exception in accordance with Section 5-642;

( ) Full service restaurant facilities may provide meals to guests and the general public. In addition, Banquet/Event facilities may be provided in accordance with Section 5-642 with a Minor Special Exception.


(a) Management. The owner or manager of the premises shall provide full-time management at all

Section 5-600



A-159

times when the Country Inn is occupied by overnight guests or private party attendees. An owner or manager may live on the premises.


(a)(c) Minimum Lot Area. The minimum lot area shall be 25 20 acres.

(b)(d) Size of Use.

(i) The floor area ratio shall not exceed 0.04.

(ii) The Any restaurant and indoor Banquet/Event facilities Facility(ies) located on the premises property shall not exceed 49 percent of the total floor area of the country innCountry Inn.

(e) Food Service.

(i) Food service may be provided for overnight guests and private party attendee.

(ii) Full-service restaurant facilities may be provided to the general public in accordance with the individual zoning district regulations.

(f) Private Parties.

(i) Private parties for up to 50 attendees, including overnight guests may be held daily at the Country Inn.

(ii) Private parties for more than 50 attendees, with a maximum of 200 attendees, including overnight guests may be held up to 15 times per calendar year. Written notice for private parties for more than 25 attendees shall be provided to the Zoning Administrator at least 30 days in advance of each private party, or at least 30 days in advance of the first private party of the calendar year if the dates of all such private parties are listed in the notice. Such notice shall be accompanied

Section 5-600



A-160

by proof of any necessary approvals from County agencies, such as the Health Department and the Department of Fire, Rescue & Emergency Management.

(g) Yard Standards. The minimum required yard setback shall be 250 feet minimum from all lot lines or 100 feet from a lot line of a property having a commercial use.

(i) The Country Inn use shall be setback 100 feet from all lot lines.

(ii) Parking shall be setback 100 feet from all lot lines.

(iii) Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use.

(c)(h) Accessory Use. A maximum of 10% of the gross floor area of the Country Inn may be composed of accessory day treatment, spa facilities.

(d)(2) Landscaping/Buffering/Screening.

(i)(a) The use shall comply with the landscaping and screening standards of Section 5-653(A) to screen outside private party areas from adjacent properties, regardless the size of adjacent property.

(ii)(b) Parking areas shall be screened to comply with the landscaping and screening standards of Section 5-653(B).

(iii)(c) New Driveways driveways providing access to the Country Inn shall not be located within a required buffer yard area except as minimally necessary to access the site.

(e) Roads/Access.

( ) The country inn shall comply with the road access standards in Section 5-654.

Section 5-600



A-161

( ) There shall be no more than two points of

access for guests of the country inn.

(h)(3) Parking.

(a) General. Parking and loading for a Country Inn shall be provided as required by Section 5-1102.

(i)(b) Temporary. Parking for private parties for more than 50 attendees shall be provided at a rate of .33 parking spaces per person, plus 1 per employee vehicle

(ii)(c) Surface. All parking areas serving the use shall use a dust-free surfacing material, as provided in the Facilities Standards Manual.

(i)(4) Exterior Lighting. All exterior lighting shall comply with the standards of Section 5-652(A) (Exterior Lighting Standards). In addition to the requirements of Section 5-652, the maximum height of pole-mounted exterior lighting, outside of parking areas, shall be 12 feet.

(5) Noise.


(b) No music or outdoor music outside private parties shall be permitted between 11 pm and 10 am on Friday, Saturday and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursday 12 am (midnight) and 7 am.

(j)(6) Roads/Access.

(i) The cCountry iInn shall comply with the road access standards in Section 5-654.

(ii) There shall be no more than two points of access for guests of the cCountry iInn.

( ) For any Country Inn that is not located on a publicly maintained road, documentation

Section 5-600



A-162

shall be provided to the Zoning Administrator demonstrating that the easement may be used to support the establishment.

(11)(7) A structure existing prior to January 7, 2003, located within an Historic Site District or Historic and Cultural Conservation District may be used as a Country Inn and shall be exempt from the minimum lot area, yard and floor area ratio requirements specified above, provided that any expansion or enlargement of such structure shall not exceed 15% of the total floor area existing prior to January 7, 2003 unless a greater expansion is approved by minor Minor special Special exception Exception pursuant to section 6-1300.

(C)(D) Rural Retreats and Resorts. Rural retreats and rural resorts shall comply with the following standards.

(1) Parcel Size. The minimum lot area of rural resorts and retreats shall comply with Section 5-601(D)(8)(a), except when located within the buffer area of a Planned Development-Rural Village (PD-RV) district.

(2) Separation Requirement. When not located within a Planned Development-Rural Village (PD-RV) district, rural retreats shall be appropriately sited so as not to infringe on the character of any existing village. At a minimum, rural retreats shall be located at least one (1) mile from the boundaries of an existing Village Conservation Overlay District or an existing PD-CV or PD-RV zoned parcel.

(3) Setbacks. All new buildings, active recreational areas, parking, and lighted areas shall be set back a minimum of 200 feet from adjacent properties.

(4) Access. All rural retreats and resorts shall comply with the road access standards in Section 5-654.

(5) Water and Sewer. The establishment shall be served by public water and sewer if located in a PD-RV district. Otherwise, the establishment shall be served by a communal water system and a communal wastewater collection and treatment system. Communal water and sewer systems may be located within the open space.

Section 5-600



A-163

(6) Open Space. A minimum of 75% of the site shall remain

as open space. Recreational uses customarily incidental and subordinate to the rural resort or retreat permitted in the open space area may include: swimming pools and related facilities, boating facilities, tennis and other sports courts, equestrian facilities, picnic areas, golf courses and related facilities, ballfields, children’s play equipment and passive recreation facilities. Driveways and parking areas supporting these recreational facilities may also be located in the open space area.

(7) May be Open to Public. These establishments may be open to the general public for patronage. A Rural Retreat or Rural Resort shall be entitled to treatment as an Event Facility pursuant to Section 5-642 by Minor Special Exception.

(8) Additional Standards for AR and TR Districts. In the AR and TR districts, rural retreats and resorts shall comply with the following additional requirements in addition to the general standards identified above. Where there is a conflict between these standards and the general standards controlling the development of rural resorts and retreats, these standards shall control.

(a) Intensity/Character. The minimum lot area shall be as follows.

Use Size of Lot (Minimum)

Nos. of Guest Rooms

Level I – Rural Retreat small scale

40 acres Up to 20 rooms

Level II – Rural Retreat medium scale

60 acres 21-40 rooms

Level III –Rural Retreat large scale


Level I – Rural Resort small scale


Level II – Rural Resort medium scale


Level III –Rural resort large scale


More than 120 rooms requires special exception approval pursuant to Section 6-1300

(b) Size of Use.

Section 5-600



A-164

(i) The restaurant and banquet Banquet/Event

facilitiesFacilities, and conference and training facilities shall be less than fifty (50) percent of the total floor area of the rural retreat or resort.

(ii) Outdoor storage related to the rural retreat or resort facilities shall be permitted.

(iii) The floor area ratio shall not exceed 0.04.

(c) Yard Standards. The minimum required yards shall be as follows:

(i) Level I-Rural Retreat: 125 feet minimum from all lot lines.

(ii) Level II-Rural Retreat: 200 feet minimum from all lot lines.

(iii) Level III-Rural Retreat: 250 feet minimum from all lot lines.

(iv) Level I-Rural Resort: 300 feet minimum from all lot lines.

(v) Level II-Rural Resort: 350 feet minimum from all lot lines.

(vi) Level III-Rural Resort: 375 feet minimum from all lot lines.

(d) Landscaping/Buffering/Screening.

(i) The use shall comply with the landscaping and screening standards of Section 5-653(A).

(ii) Parking areas shall be screened to comply with the standards of Section 5-653(B).

(iii) Driveways shall not be located within a required buffer yard area except as minimally necessary to access the site.

(e) Roads/Access.

Section 5-600



A-165

(i) The rural retreat or resort shall comply with

the road access standards in Section 5-654.

(ii) There shall be no more than two points of access to a rural retreat or resort. This requirement shall not preclude an additional access for emergency vehicles only.

(f) Parking.

(i) General. Parking and loading shall be provided as required by Section 5-1102.

(ii) Surface. All parking areas serving the use shall use a dust-free surfacing material as provided in the Facilities Standards Manual.

(g) Exterior Lighting Standards. All exterior lighting shall comply with the standards of Section 5-652(A) (Exterior Lighting Standards).

(h) Noise. The maximum allowable dB(A) level of impulsive sound emitted from the use, as measured at the property line, shall not exceed 55 dB(A). In addition, outdoor music shall not be allowed after 11:00 PM.

5-642 Banquet Facility/Event Facility. Any Banquet/Event Facility use, except

within the PD-MUB and CLI district, in the AR districts shall comply with the following standards:

(A) Intensity/Character Standards.

(A)(1) Hours of Operation. Hours of operation shall be limited to 9:00 a.m. to 12:00 midnight.

(2) Size of Use. The minimum lot area for a Banquet/Event Facility shall be 25 20 acres.

(B)(3) Floor Area. The floor area ratio shall not exceed 0.04.

(4) Location on Site/Dimensional Standards. The Banquet/Event Facility use shall be set back 200 feet from lot lines. Outdoor areas, including parking used for the Banquet/Event Facility use shall be set back a minimum of

Section 5-600



A-166

500 feet from all property lines. The Board of Supervisors may increase the outdoor area setback in establishing conditions associated with a Minor Special Exception for the Banquet/Event Facility use.

(a) The Banquet/Event Facility use shall be setback 100 feet from all lot lines.

(b) Parking shall be setback 100 feet from all lot lines.

(c) Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use.

(5) Number of Attendees. The maximum number of attendees for incremental acreage is based at the rate of 200 plus two (2) persons per acre over 20 acres.

Minimum Acreage No. of Attendees 20 acres 200 attendees 50 acres 260 attendees 75 acres 310 attendees 100 acres 360 attendees

(C)

(D)(B) Landscaping/Buffering/Screening.

(1) Buffer. The Banquet/Event Facility use shall comply with the landscaping and screening standards of Section 5-653(A).

(2) Parking Areas. Parking areas shall be screened to comply with the landscaping and screening standards requirements of Section 5-653(B).

(3) Storage Yards. All storage yards shall be screened andcomply with the landscaping and screening landscaped consistent with the standards of Section 5-653(C).

(E)(C) Roads/Access Standards.

(1) General Access Standards. A Banquet/Event Facility shall comply with the road access standards of Section 5-654.

Section 5-600



A-167

(2) Number of Access Points. There shall be no more than

two points of access to a publicly maintained road for the Banquet/Event Facility use. This requirement shall not preclude an additional access for emergency vehicles only.

(2)(3) For any Banquet/Event Facility that is not located on a publicly maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the easement may be used to support the establishment.

(D) Parking.

(1) General. Parking and loading shall be provided as required by Section 5-1102.

(F)(2) Surface. All parking areas serving the use shall use a dust-free surfacing material, as provided in the Facilities Standards Manual.

(G)(E) Exterior Lighting Standards. All exterior lighting shall comply with the standards of Section 5-652(A)(1)-(3) (Exterior Lighting Standards). In addition to the requirements of Section 5-652, the maximum height of pole-mounted exterior lighting, outside of parking areas, shall be 12 feet.

(H)(F) Noise. A Banquet/Event Facility shall comply with the noise standards of Section 5-652(B) (Noise Standards).

Indoor and Outdoor Events.

Indoor events: weddings, meetings, private parties may be held within a building approved for the Banquet/Event Facility use. The maximum number of attendees is based on the occupancy load of the event space as determined by the Uniform Statewide Building Code.

Outdoor events: weddings, meetings, private parties may be held outdoors. The maximum number of attendees is based on the acreage of the property as identified in the table below:

Minimum Acreage No. of Attendees 25 acres 125 attendees 40 acres 200 attendees 75 acres 350 attendees

Section 5-600



A-168

5-654 Road Access Standards for Specific Uses. The following road access

standards shall apply to specific uses in this section when they are expressly referenced in the standards for specific use. All Facilities Standards Manual provisions regarding waivers apply.

TABLE 5-654: ROAD ACCESS STANDARDS

Average Generated Daily Vehicle Trips (VTD) Maximum Vehicles Per Day (VPD) (1)

Onsite Private Road Construction Standards

Public Road Access Public Paved Road Standards (12)

Public Unpaved Road Standards (12)

1 - 20 VTD FSM Chapter 4, Table 3, Type C1 Roadway Permitted Permitted



251 - 600 VTD FSM Chapter 4, Table 1, Type A1 Roadway Permitted Special Exception Review

required (Section 6-1300)

More than 600 VTD FSM Chapter 4, Table 1, Type A1 Roadway

Special Exception Review required (Section 6-1300)

Special Exception Review required (Section 6-1300)

(1) VPD is to be calculated based on an estimated two trips (one in, one out) per individual vehicle. (12) Characteristics of the first public road accessed by project’s private access road.

Section 5-600



A-169

DIVISION B: Off-Street Parking and Loading

Section 5-1100 Off-Street Parking and Loading Requirements.

5-1101 Compliance Required.

(A) General Requirement. Except as provided elsewhere in this Ordinance, there shall be provided, at the time of the erection of any building, or at the time any principal building is enlarged or increased by adding dwelling units, guest rooms, seats or floor area, or before conversion from one type of use or occupancy to another, permanent parking and off-street loading space in the amount specified and pursuant to the requirements of this Section. Parking space may be provided in a garage and properly surfaced open area. In residential districts where streets and travelways have been designed pursuant to County and VDOT standards to accommodate on-street parking, such on-street parking can be used to meet the requirements of this section for up to one parking space per dwelling.

(B) Application to Addition or Change in Use. When a change in intensity of use of any building or structure would increase the required parking by ten (10) or more spaces or ten (10) percent, whichever is greater, cumulatively from the date of this Ordinance, through an addition or change in the number of dwelling units, gross floor area, gross leasable area, seating capacity, or other units of measurements specified herein, the increment of additional required parking shall be provided in accordance with this Section unless an adjustment is permitted per subparagraph 5-1102(F) below. If fewer than ten (10) spaces or ten (10) percent, whichever is greater, are required by a change or series of changes in use, the Zoning Administrator may waive up to the incremental required number of parking spaces, after determining that the granting of the waiver will not be detrimental to the public welfare and will be consistent with the County of Loudoun Comprehensive Plan.

(C) Review of Parking and Loading Facilities Plan. Each application for a subdivision, site plan, zoning permit, or certificate of occupancy shall include information as to the location and dimensions of parking and loading space; and the means of ingress and egress to such spaces. This information shall be in sufficient detail to determine if the requirements of this Ordinance are met and shall contain such information as is required by applicable provisions of the Land Subdivision and Development Ordinance.

(D) Procedures for Reduction of Parking. No existing parking or loading space, and no parking or loading space hereafter provided, which meets all or part of the requirements for parking or loading space set forth in these regulations, shall be reduced or eliminated. Reductions in parking and loading spaces may be permitted where spaces are no longer required by these regulations or alternative spaces meeting the requirements of these regulations are provided.



A-170

5-1102 Number of Parking and Loading Spaces Required.

(A) Standards for Computation.

(1) Floor Area. Gross Floor Area, GFA, as used in this section shall be as defined in Article VIII of this Ordinance.

(2) Building Capacity. The capacity of the building expressed in number of persons shall be determined by the Fire Prevention Code adopted by the County of Loudoun.

(3) Fraction of a Space. When the calculation of the number of required parking and loading spaces results in a requirement of a fractional space, any fraction up to and including one-half (1/2) shall be disregarded, and fractions of over one-half (1/2) shall be interpreted as one (1) whole parking or loading space.

(4) Commercial Vehicles. In addition to the requirements in the tables below, one (1) off-street parking space shall be required for each commercial vehicle which is directly associated with permitted and special exception uses, and which is to be parked on the premises during normal business hours. Required loading spaces may be credited as part of the total space needed for commercial vehicles.

(B) For the purposes of this Article only, and for calculating parking and loading requirements hereunder, uses are grouped as follows:

(1) Residential Uses.

(a) Single Family Dwellings, detached houses and duplexes, townhouses and other single family attached dwelling units.

(b) Multi Family Dwellings, includes condominium and apartment buildings where common vehicular entrances, parking areas etc., are provided for more than one unit.

(c) Elderly Housing, any multifamily building that is occupied not less than 90% by persons 60 years of age or older.

(d) Accessory Dwelling Units, associated with any other use, including living quarters for each caretaker, watch keeper, servant and tenant.

(e) Sleeping Rooms, including boarding, lodging, and bed and breakfast homestays, rectories and convents which are rented or used on an individual basis by non-family members.



A-171

(f) Commercial Lodgings, including hotels, motels,

motorlodges and motor courts.

(g) Congregate, Continuing Care & Nursing Homes, where unrelated persons reside under supervision for special care, treatment, training or other purposes, on a temporary or permanent basis.

(h) Day Care Centers, where unrelated persons are cared for during limited periods each day in a supervised facility.

(2) Retail/Service Uses.

(a) General Retail, including antiques, art, art supplies, bicycles, books, camera and photographic supplies, china and glassware, clothing, coin and stamp, crafts/needlework, discount/mass merchandising, drapery/curtain/window coverings, dry goods, fabrics and sewing accessories, floor coverings, furriers and fur apparel, gifts/novelty/souvenirs, hobby, jewelry, linens/sheets/towels, leather/luggage/ suitcases, musical instruments, optical shops, newspapers and magazines, retail florist (no greenhouse), paint and wall coverings, pet shops, records/audio/stereo/TV, school and office supplies, second hand and resale, shoes, small electrical appliances, specialty, stationary, tobacco, toys, and other such retail uses as determined by the Zoning Administrator.

(b) Convenience Retail, including bakeries and confectioneries (non-manufacturing), butchers/meatshops, dairy products, eggs and poultry, fish and seafood, fruit and vegetables, frozen desserts (without tables), grocery/ supermarkets, liquor, laundry/dry cleaning (pickup station only), pharmacy/drug, not to exceed 10,000 sq. ft. GFA each.

(c) Service Retail, including drapery services, direct selling, appliance repair, tool and appliance rentals, mail order, merchandise vending, film/video rentals, printing/ copy, shoe repair, pawn shops, photographic studios, key and lock, tailoring and dressmaking, upholstery, optical shops.

(d) Hard Goods Retail, automotive parts and supplies (without repair facilities), furniture, hardware, wholesale florists, garden supply, greenhouses, lumber and building supplies, household appliances, lighting and electrical supplies, medical appliances and supplies, pool and patio furniture, and sales display and showrooms for any



A-172

building product (including millwork, cabinets, plumbing, glass and mirror, fencing, swimming pools/spas/hot tubs, etc.).

(e) Shopping Centers, with two or more individual stores, GFA provided in the same building or attached buildings totaling more than 10,000 square feet.

(f) Personal Care Services, including barber and beauty shops, cosmetology and cosmetic salons, diet counseling centers, electrolysis/hair removal salons, and fingernail salons.

(g) Coin Operated Laundry and Coin Operated Dry Cleaning Facilities, with or without attendant services and/or a pickup station for outside dry cleaning service.

(h) Other Retail/Service Uses, including animal clinics/ veterinarian offices, kennels and pounds.

(i) Temporary Retail, including wayside stands and outdoor markets.

(j) Motor Vehicle Sales & Service, including automotive sales, gasoline and/or diesel fuel stations, automotive rental agency, marine craft sales and service, engine and motor repair shops, automotive glass/muffler/ painting/tire/upholstery repair shops, recreational and sports vehicle sales and service.

(3) Food and Beverage Services.

(a) Restaurant, including restaurants, and banquet rooms, with or without dancing and entertainment facilities, which provide only seated table service.

(b) Family Restaurant, without a bar or lounge area, which provides seated service at tables, or counters, and only incidental carryout service.

(c) Fast Food, including delicatessens, carryout, drive-in, etc., which provides quickly or previously prepared foods from a counter and which may or may not have a separated indoor or outdoor seating area.

(4) Office and Business Services.

(a) General Business Services, including accounting, advertising, architectural/ engineering/urban planning, auditing, bookkeeping, business and management



A-173

consulting, charitable, collection services, commodity or security broker/dealer, consumer protection, corporate, credit reporting, currency exchanges, data processing, detective services, employment agencies, employment services, exterminating services, financial counseling, general business offices, income tax preparation, insurance agencies/brokers/ service offices, interior decorating (without furniture showrooms), loan companies, labor unions, legal offices, newspaper and news, newspaper distribution, philanthropic or professional membership business associations, publishing offices (without printing plants), public relations, real estate offices, religious, research labs, social service agencies, stenographic services, syndicator offices, title abstracting, travel agencies and window cleaning services.

(b) Financial Institutions, including banks, savings and loans, credit unions, with or without drive-in facilities.

(c) Medical Offices, dentists, physicians, chiropractors, psychiatrist/psychologist, nonresidential psychiatric alcoholic and narcotic treatment centers, dental and medical laboratories, medical clinics and outpatient surgery/treatment centers, offices for the fitting and repair of hearing aids, prosthetic appliances, etc.

(5) Industrial/Manufacturing, including all uses defined in the permitted and special exception use tables, including flex-industrial use.

(6) Storage/Processing/Wholesaling, including all uses defined in the permitted and conditional use tables, except as provided below:

(a) Mini Warehouse, with secured, individual storage units which are leased for a fee to individual companies or persons.

(7) Materials Supply and Construction Uses, including all uses defined in the permitted and special exception use tables.

(8) Communication and Private Utility Uses, including all uses defined in the permitted and special exception use tables.

(9) Governmental Uses, including all uses defined in the permitted and special exception use tables.



A-174

(10) Educational Uses, including all uses defined in the permitted and

special exception use tables.

(11) Cultural, Recreational, and Entertainment.

(a) Public Assembly, including art galleries, auditoriums, community and recreation centers, libraries, museums, movie and drama theatres, stadiums and arenas, outdoor theatres/festival/drama, stadiums and arenas, funeral homes, mortuaries, crematoria, civic/social/fraternal association meeting places and mausoleums.

(b) Public Recreation, including bowling alleys, gymna-siums, health clubs, roller and ice skating, tennis, racquetball, swimming and other recreational facilities.

(c) Places of Worship, including churches, synagogues, temples.

(12) Miscellaneous Uses.

(13) Hospitals, including sanitariums, and residential alcoholic, psychiatric and narcotic treatment facilities.

(C) Additional Rules for Computing Parking Requirements.

(1) Uses Not Listed. The Zoning Administrator shall have the right to determine the required parking and loading facilities for uses not specifically listed in the tables herein. Such determination by the Zoning Administrator shall be in writing and shall be appealable to the Board of Zoning Appeals.

(2) Uses listed but not shown as permitted or permissible within this ordinance. The categories of uses set forth in Section 5-1102 are intended to be descriptive of various types of activities, but shall not be construed to allow any uses not specifically enumerated in the schedules of permitted or special exception uses for each zoning district.

(3) Accessory Uses. Storage, stock, kitchen, office and other areas accessory to the principle use of a building, or portion of a building, are to be included in the calculation of floor area of the principal use, unless noted otherwise herein.

(4) Alterations, Expansions and Changes in Use. For alterations, expansions, or changes in use, prior to the issuance of a zoning or occupancy permit, the Zoning Administrator shall determine in writing, based on information submitted by the applicant, the impact of the proposed change on the parking requirement for the building, and the adequacy of the parking provided.



A-175

(D) Parking and Loading Requirements by Use. The computation of the

minimum off-street parking and loading requirements for each permitted use shall be based upon the standards in the following tables, subject to the adjustments and/or minimums required or allowed in this section.

(E) Such parking and loading regulations shall apply only to new construction or expansion of an existing use. In the case of an expansion of an existing use, only the expansion shall be required to meet these regulations. The existing use and parking areas shall be deemed to be exempt from said regulations.

Table 5-1102

Use Parking Spaces Required Loading Spaces Required

Residential Single Family Detached Dwelling Unit

2/dwelling unit in agricultural districts; 3.0/dwelling unit in all other districts. Garage and driveway parking spaces count towards required spaces. Tandem parking i.e. one space behind another is permissible and both parking spaces count towards such required parking spaces.

None

Single Family Attached Dwelling Unit

3.0/dwelling unit in all districts. Garage and driveway parking spaces count towards required spaces, except that at least .5 spaces/unit will be accommodated by off lot parking spaces. Tandem parking i.e. one space behind another is permissible and both parking spaces count towards such required parking spaces.

None

Multi/Family Dwelling Unit Studio 1 bedroom 2 or 3 bedrooms 4 or more bedrooms

1.25/dwelling unit 1.5/dwelling unit 2/dwelling unit 2.5/dwelling unit

None None None None

Active Adult/Age Restricted Dwelling Unit

1.75/dwelling unit for buildings 4 stories or less in height 1.25/dwelling unit for buildings 4 stories or more in height

None

Elderly Housing/Independent Living Unit

.25/Independent living unit None



A-176

Table 5-1102


Accessory Dwelling Unit 1/accessory apartment or dwelling unit

None

Sleeping Rooms 1/unit or room plus 2 for owners/managers

None

Commercial Lodgings 2 for owners/managers plus 1/sleeping room or unit plus any spaces required for restaurant/ restaurant/banquet and meeting rooms

As required for restaurant/lounge and meeting rooms; minimum one for lodgings with 50 or more rooms.

Congregate, Continuing Care & Nursing Homes

.25/resident plus 1.5/day shift employee

One

Child Care Facilities .2/person in licensed capacity plus one per employee not residing on the premises

None

Retail/Service General and Convenience Retail 4/1,000 sq ft of GFA; minimum of 4

spaces per establishment None for the first 10,000 sq. ft. then one/30,000 sq. ft. up to 70,000 sq. ft. plus one/ 80,000 sq. ft. thereafter

Wayside Stands/Christmas Tree Stands

Any parking provided shall be on-site

None

Nurseries/ Farm Markets Minimum of 10 spaces shall be provided for the first five acres of outdoor sales area with one additional space for each ten acres over five acres. Off-site parking is prohibited.

Bed and Breakfast Homestay 2.5/dwelling unit 1/guest room .33/permitted daily private party attendee

None

Bed and Breakfast Inn 2.5/dwelling unit 1/guest room 1/employee .33/permitted daily private party attendee

None

Country Inn 1/guest room 15/1,000 sq. ft. of GFA for restaurants & kitchen area only .33/permitted daily private party attendee

1/40,000 sq ft of GFA for restaurantNone



A-177

Table 5-1102


Service Retail 2.5/1,000 sq ft of GFA; minimum of 3 spaces per establishment

Same as general retail

Hard Goods Retail 3.5/1,000 sq ft of GFA interior sales space plus 1.5/1,000 feet of interior storage and/or exterior display/sales area; minimum of 4 spaces per establishment

Same as general retail

Shopping Centers Smaller Shopping Centers (Small strip-type centers)

6/1,000 sq. ft. of GFA for centers with up to 30,000 sq. ft. 5/1,000 sq. ft. of GFA for centers between 30,000 sq. ft. and 60,000 sq. ft.

1/50,000 sq. ft. up to 100,000 sq. ft. plus 1/100,000 sq. ft. up to 500,000 sq. ft. plus 1/200,000 sq. ft. thereafter

Larger Integrated Shopping Centers (Non-enclosed centers)

4/1,000 sq. ft. of GFA for centers over 60,000 sq. ft.

Shopping Centers (Mall-type centers)

3.5/1,000 sq. ft. of GFA for centers with up to 400,000 sq. ft. 3.8/1,000 sq. ft. of GFA for centers with 400,000 to 600,000 sq. ft. 4.25/1,000 sq. ft. of GFA for centers with over 600,000 sq. ft.

Personal Care Services 1/treatment station but not less than 1/1,000 sq. ft. GFA

None

Coin Operated Laundries 1 space/ 2 machines None Other Retail/Service Uses As determined by the Zoning

Administrator Same as general retail

Temporary Retail As determined by the Zoning Administrator

None

Motor Vehicle Sales & Service 2.5/1,000 sq ft of GFA interior sales space plus 1.5/1,000 sq ft of external display (but not including stock areas not open to the public) plus 3/service bay

Same as industrial

Food and Beverage Banquet/Event Facility 1/employee

.33/permitted attendee 1/40,000 sq ft of GFA

Restaurant 15/1,000 sq. ft. of GFA minimum of 1 space

1/40,000 sq ft of GFA;



A-178

Table 5-1102


Fast Food 20/1,000 sq. ft. of GFA kitchen, counter and waiting areas plus 0.5/seat provided

With indoor seating area, one; with no seating area; none

Office and Business Services

General Offices and Medical Offices

4/1,000 sq. ft. of GFA for up to 30,000 sq. ft.; 3.3/1,000 sq. ft. of GFA thereafter

None for the first 30,000 sq ft then one/100,000 sq ft thereafter

Financial Institutions 2.5/1,000 sq. ft. of GFA; stacking space for drive-through windows to be determined by Zoning Administrator

None for the first 10,000 sq ft GFA then one/50,000 sq ft up to 10,000 sq ft plus one/ 10,000 sq ft thereafter

Industrial/Manufacturing

2/1,000 sq. ft. of GFA plus any required spaces for office, sales or similar space

1/25,000 sq ft GFA up to 500,000 sq ft plus one for the next 50,000 sq ft plus one/ 100,000 sq ft there-after

Storage/Processing/Wholesaling 0.5/1,000 sq. ft. GFA plus any required spaces for office, sales, etc.

One the first 50,000 sq ft GFA plus one space/100,000 sq ft thereafter

Mini Warehouse, multi story or single entrance

3 spaces at the office plus 1 space per employee.

None

Vehicle Wholesale Auction 1/3 employees 1/60 vehicle storage space

1/25,000 sq. ft. of GFA

Materials Supply and Construction

0.5/1,000 sq. ft. GFA plus any required spaces for office, sales, etc.

1/25,000 sq. ft. GFA up to 500,000 sq. ft. plus one for the next 50,000 sq ft plus one/100,000 sq ft thereafter.

Communication and Private Utility

1/1.5 employees on the major shift. 1/25,000 sq. ft. GFA up to 500,000 sq. ft.plus one for the next 50,000 sq. ft.plus one/100,000 sq. ft. thereafter.

Governmental 4/1,000 sq. ft. of G.F.A. administrative offices; other as determined by Zoning Administrator

As determined by Zoning Administrator

Educational 1/Classroom and other room used by students plus .2/student over driving age

1/100,000 sq.ft.GFA

Cultural/Recreational/ Entertainment



A-179

Table 5-1102


Public Assembly .25/person in permitted occupancy approved by the Fire Marshal plus 1 space/employee

1/100,000 sq.ft. GFA

Public Recreation .33/person in permitted occupancy approved by the Fire Marshal plus 1 space/employee

1/100,000 sq.ft. GFA

Private Club or Lodge .33/person in permitted occupancy approved by the Fire Marshal plus 1 space/employee

1/100,000 sq.ft. GFA

Places of Worship .25/person in permitted capacity 1/100,000 sq ft GFA Miscellaneous Hospitals 1.5/employee on main shift; plus

1/doctor on staff; plus 1/2 beds for in-patient services; plus 1.5/250 square feet for out patient services

1/100,000 sq ft GFA up to 500,000 sq ft plus one/200,000 sq ft. thereafter.



A-180

6-703 Sketch Plan.

(A) A Sketch Plan is required as part of a zoning permit application for the following permitted uses: Animal Care Business, Bed and Breakfast Inn (with less than 5,000 sq. ft. of disturbance), Child Care Home, Farm Market (but not including the use Farm Market (off-site production), which shall require a site plan), Stable (Private or Neighborhood), and Wayside Stand.

(B) A Sketch Plan shall include a drawing of all aspects of the business operations including the location, size and dimensions of buildings, the size and dimensions of areas within existing structures to be used for the business; size, dimensions, and location of any accessory structures, outdoor storage yards, and screening buffering; quantity and dimensions of parking spaces; location of proposed signs, if any; location of wells and septic systems; and the approximate location of any on-site floodplain as determined from the County map. The Sketch Plan shall include information necessary to illustrate conformance with the Additional Regulations for Specific Uses of Section 5-600. In addition, the Sketch Plan shall include the location and width of entrances and adjacent right-of-way, adjoining properties, and easements.

(C) The Sketch Plan need not be drawn to scale, nor does it have to be prepared by a licensed professional. However, distances from structures to adjacent lot lines must be accurately depicted.

Section 6-700 Revision Date: February 1, 2013 February 19, 2014


A-181

Article 8 Definitions B Banquet/Event Facility: A use in which the principal function is hosting private parties at which food and beverages are served to groups of people, and which has facilities for the refrigeration and preparation of food, or which provides facilities for food through a caterer. Banquet/Event facilities, held indoors or outdoors, may also be an ancillary component of other uses such as, but not limited to: restaurants, hotels, bed Bed and breakfastsBreakfast Inns, country Country innsInns, rural Rural retreatsRetreats, rural Rural resortsResorts, conference centers and similar uses. Adult entertainment shall not be permitted at a Banquet/Event Facility. Bed and Breakfast Homestay: A private,owner occupied dwelling in which overnight accommodations are provided to the public. The frequency and volume of paying guests is incidental to the primary use of the property as a private residence. Bed and Breakfast Inn(formerly Bed and Breakfast Homestay and Bed and Breakfast Inn): A business operated in one or more structures which are used for providing overnight accommodations to the public and which may include rooms for meetings as well as Banquet/Event Facility(ies) for private parties as an ancillary accessory use. C Country Inn: A business operated in one or more structures which offers overnight accommodations and may contain meeting rooms, dining, and banquetBanquet/event Event facilities Facility(ies) in a predominately rural area. An owner may live on the premises. A Country Inn may include a full-service restaurant for guests and the general public and meeting facilities. A Country Inn may also include a Banquet/Event Facility as an ancillary use. S Special Event: A temporary commercial or festive activity or promotion at a specific location that is open to the public and is planned or reasonably expected to attract large assemblies of persons. Special events include, but are not limited to, carnivals, festivals, circuses, music fairs or concerts, tent revivals, art shows, crafts shows, rodeos, corn mazes, civil war reenactments, equestrian shows, firework displays and events, or similar events open to the public. In addition, a private party held at a Banquet/Event Facility (including Hotel, Conference Center, Restaurant, Bed and Breakfast, Country Inn, Rural Retreat or Rural Resort or similar facility), Bed and Breakfast Inn, or Country Inn shall not be deemed a special event. A private party which is held at a location other than the foregoing or held on property other than property which is occupied by the host, shall be deemed a special event. “Special event” does not include temporary or seasonal retail sales of goods, products, or services, such as temporary sales of Christmas trees, farm produce, fireworks, and other similar seasonal goods.

Article 8 - Definitions Revision Date: September 2, 2013 February 19, 2014


A-182

ATTACHMENT 2 A-183

ZOAG 9/11/2013 MEETING

OUTSTANDING ISSUES AND RECOMMMENDATION FOR B&B, COUNTRY INN, AND BANQUET FACILITY TEXT AMENDMENT

BED & BREAKFAST HOMESTAY

1. Daily Meetings: ZOAG recommended allowing private parties of 10 attendees, including

overnight guests, on a daily basis.

Little difference from a normal home business and likely less than a day care, both of which are permitted by-right.

This would allow something similar to a family get together before a function elsewhere. (No “events” are permitted on-site except with a separate permit, subject to a 2 acre minimum lot size.)

Parking already has to be available for the overnight guests. BED & BREAKFAST INN

1. Parties/Events: ZOAG recommended allowing private parties of 25 attendees, including


The 25 daily attendees are more restrictive than the current interpretation of 4 per room, by 10 guest rooms, or up to 40 people on a daily basis.

2. Parties/Events: ZOAG recommended allowing 15 private parties per calendar year of more than

25 attendees with a maximum of 200 attendees.

The B&B industry has indicated that it is essential to their operations to be able to handle 15 events per year (as opposed to 10 events). This is a reduction from the 20 events advocated by the Bed & Breakfast Guild.

The cap of 200 people per party/event is more restrictive than the current unlimited attendance ten times a year.

15 private parties per calendar year is in keeping with the ordinance requirement that such events be accessory to the B&B Inn.

COUNTRY INN AND BANQUET FACILITY/EVENT FACILITY

1. Parties/Events: ZOAG recommended allowing private parties of 100 attendees, including


The 100 daily attendees are more restrictive than the current interpretation of 4 per room, by 30 guest rooms, or up to 120 people on a daily basis. Also, the current regulations allow for 40 guest rooms, or up to 160 people on a daily basis.

The Country Inn would only be permitted by-right without a special exception in the AR-1 and AR-2 zones.

2. Parties/Events: ZOAG recommended allowing 15 private parties per calendar year of more than

25 attendees with a maximum of 200 attendees.

The B&B industry has indicated that it is essential to their operations to be able to handle 15 events per year (as opposed to 10 events). This is a reduction from the 20 events advocated by the Bed & Breakfast Guild.

15 private parties per calendar year is in keeping with the ordinance requirement that such events be accessory to the principal use.

ATTACHMENT 3a A-191

The normal event/wedding has 150+/- attendees. A cap of 200 without a Special Exception is proposed. The cap of 200 people per party/event is more restrictive than the current unlimited attendance.

3. Minimum Lot Size: ZOAG recommended a minimum lot size of 20 acres. Currently, the

minimum lot size is 25 acres.

The minimum lot for the AR-1 Zoning District is 20 acres. The committee concept is not to inadvertently set yet another acreage criteria and inadvertently exclude otherwise legal lots from this use.

There does not seem to be any basis to have a separate, slightly larger requirement for Country Inns.

4. Setbacks & Buffers: ZOAG recommended a 100 feet setback for the use, parking, and

outdoor/indoor activities and that the existing structures should not be subject to screening/buffering requirements.

One desirable aspect of the Country Inn land use is that it allows the preservation and

productive re-use of some older structures that do not meet the larger setback standards. The building structures themselves are rarely objectionable to neighbors, particularly if the building is existing.

A 250’ set back is unduly large. It reduces the usable area of a perfectly square 20 acre parcel to just 4.3 acres (vs. 12.3 acres for a 100’ setback, and 6.5 acres for a 200’ setback). The impact would be even greater on rectangular and irregularly shaped parcels.

The buildings for Country Inns and Banquet Facilities should not be offensive for the most part. Large setbacks and screening should not be necessary.

The proposed 100-foot setback is 4-times the 25-foot setback required for houses and from structures. The rule of squares applies. Doubling the setback reduces the affected viewshed by 4 times. At twice the normal setback, a building can be 4-times as large and obstruct the same line-of-sight, horizontally, and ½ vertically as the permitted building height does not change.

If parking is screened with fencing or 50-foot wide opaque landscaping (50-foot wide Type 3 per Sec. 5-653), there should not be a need for additional setbacks.

5. Road Access: ZOAG recommended against the requirement of being located on a paved public

road.

The current standard, Section 5-654, is traffic-based. Access via a paved public road would be required if traffic exceeds 250 vehicle trips per day (equivalent to about 25 homes).

To require paved, public access regardless of traffic volume seems unduly restrictive. There has been a problem with the application of 5-654, but this needs to be fixed without

singling out and penalizing rural Country Inns and Banquet Facilities. The ZOAG recommended that the requirement for such facilities to be on paved roads be

based on traffic generation, as with other rural economic land uses. Many of the roads in the AR districts are unpaved. Requiring paved, public roads will

impose an undue restriction that is not applied to other rural uses such as farm tourism and wineries. Existing B&B Inns have been approved on unpaved roads.

MISCELLANEOUS

ZOAG recommends adding an exemption for historic structures from the setback, acreage, and buffering requirements for Bed and Breakfast Inn and Country Inn.

ZOAG recommends a further review of Planned Development Regulations to allow for Banquet Facility/Event Facility.

ZOAG recommends revising the fee schedule to allow the SPMI to provide fee levels similar to SPEX.

ZOAG B&B/Country Inn/Banquet Facility Comments September 20, 2013

Page 2 of 2 A-192

Section 5-600 Additional Regulations for Specific Uses. The following additional regulations apply to specific uses as set forth below. These regulations are intended to serve as the minimum standards for these uses, and are not intended to be in substitution for other provisions of this ordinance that may apply, or for additional conditions that may be imposed in connection with special exception or rezoning approvals. Unless otherwise specified, the following additional regulations may be modified by Minor Special Exception in accordance with the provisions of Section 6-1300. Modifications may be approved by the Board of Supervisors upon a finding that such modification to the regulations will achieve an innovative design, improve upon the existing regulations, preserve the County’s historic or archeological heritage, or otherwise exceed the public purpose of the existing regulation. No modification shall be granted to any of the underlying zoning district regulations.

5-601 Bed and Breakfast, Country Inn and Rural Guest Establishments.

These establishments may be located in accord with the lists of permitted and special exception uses for the individual zoning districts subject to the following criteria:

(A) Bed and Breakfast Homestay.

(1) Intensity/Character.



(c) Lot Size. No minimum lot area.

(d) Food Service. The Bed and Breakfast Homestay shall not contain restaurant facilities, but may provide food service for overnight guest or transient guests attending private parties, only.


(i) Private parties, meetings, weddings, receptions and similar activities for up to 10 guests, including overnight guest, may be held daily at the Bed and Breakfast Homestay. The hosting of the aforementioned gatherings for more than 10 guests may be held upon approval of a Temporary Zoning Permit for each event in

Section 5-600

September 20, 2013 Page 1

A-193

accordance with Section 5-500(C) Special Events.

(ii) No music or outdoor activities between 11 pm and 10 am on Friday, Saturday, and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursday.

(2) Landscaping/Buffering/Screening. The Bed and Breakfast Homestay shall comply with the landscaping and screening standards of Section 5-653(A) to screen private party gathering areas, not located within the principal structure, from adjacent properties, regardless the size of adjacent property.

(3) Parking. Parking for the Bed and Breakfast Homestay shall be provided as required by Section 5-1102. Parking for daily private parties shall be provided at a rate of .33 parking spaces per person.

(4) Exterior Lighting. Exterior lighting for a Bed and Breakfast Inn shall be subject to Section 5-652(A)(2)-(3) (Exterior Lighting Standards). In addition to the requirements of Section 5-652, the maximum height of pole-mounted exterior lighting shall be 12 feet.

(5) Noise. The maximum allowable dB(A) level of impulsive sound emitted from the use, as measured at the property line, shall not exceed 55 dB(A).

(6) Roads/Access. For any Bed and Breakfast Homestay that is not located on a state maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the proposed access may be used to access the establishment.

(A)(B) Bed and Breakfast Inn.

(1) The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by guests. The owner or manager may live on the premise.

(2) The establishment shall not contain restaurant facilities but may provide food service for overnight or other transient guests attending meetings or private parties.

Section 5-600


A-194

(3) Weddings, receptions, private parties, meetings and similar activities may be held at the Bed and Breakfast with the maximum number of attendees based on the maximum sleeping capacity of the facility. The hosting of the aforementioned gatherings in excess of the sleeping capacity of the facility may be held up to ten times per calendar year. A minimum of 14 days shall lapse between such gatherings. Written notice shall be provided 30 days in advance of the gathering to the Zoning Administrator. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Fire Department. Additional gatherings may be held in accordance with Section 5-642, Banquet/Event Facility, with the approval of a Minor Special Exception.




(a) Management. The owner or manager of the premises shall provide full-time management of the Bed and Breakfast Inn at all times when the facility is occupied by guests.

(a)(b) Guest Rooms/Lot Area. The number of guests (See attached note #1 for explanation of change) shall not exceed 10 rooms and minimum lot area shall be 5 acresas follows:


No. of Guest Rooms

Level I- small scale 5 acres 31-7 rooms Level II- medium scale 10 acres 8-10 rooms

(b)(c) Size of Use. The floor area ratio shall not exceed 0.04.

Section 5-600 September 20, 2013

Page 3

A-195

(d) Food Service. The Bed and Breakfast Inn shall not contain restaurant facilities, but may provide food service for overnight guest or other transient guests attending private parties.


(i) Weddings, receptions, private parties, meetings and similar activities for up to 25 attendees, including overnight guests, may be held daily at the Bed and Breakfast Inn. The hosting of the aforementioned gatherings for more than 25 attendees, with a maximum of (See attached note #2 for explanation of change) 150200 attendees may be held up to ten (See attached note #3 for explanation of change) fifteen (15) times per calendar year. Written notice for gatherings of more than 25 attendees shall be provided 30 days in advance of each gathering or the first gathering of the calendar year to the Zoning Administrator. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Fire Department. Additional gatherings may be held in accordance with the appropriate zoning district use regulations and Section 5-642, Banquet/Event Facility.

(ii) No music or outdoor activities between 11 pm and 10 am on Friday, Saturday, and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursday.

(f) Yard Standards. (See attached note #4 for explanation of change) The private party parking and gathering areas, not located within the principal structure, shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use.

(i) New bed and breakfast residences shall be setback a minimum of 100 feet from all lot lines where the adjoining use is not commercial.

Section 5-600


A-196

(ii) Parking for commercial guests and private parties shall be set back a minimum of 100 feet from all lot lines where the adjoining use is not commercial.

(iii) Outside gathering areas for commercial guests and private parties shall be setback a minimum of 200 feet from all lot lines where the adjoining use is not commercial.

Setbacks from property lines where the adjoining use is commercial in nature shall be as provided in the zoning district.

(c)(2) Landscaping/Buffering/Screening.

Formatted: Lvl5-COLZO

(i)(a) The use shall comply with the landscaping and screening standards of Section 5-653(A) to screen private party (See attached note #4 for explanation of change)parking and gathering areas from adjacent non-commercial properties, regardless the size of adjacent property.

(ii)(b) Parking areas shall be screened to comply with the requirements of Section 5-653(B).

(iii)(c) Driveways (See attached note #6 for explanation

of change) for bed and breakfast and commercial gatherings shall not be located within a required buffer yard area except as minimally necessary to access the site. This criteria shall not apply to private residential or agricultural uses.

(d)(3) Parking.

(i)(a) General. Parking and loading for a Bed and Breakfast Innbed and breakfast inn shall be provided as required by Section 5-1102. Parking for private parties shall be provided at a rate of .33 parking spaces per person, plus one per vehicle for support staff.

(ii)(b) Surface. All parking areas serving the use shall use a dust-free surfacing material as provided in the Facilities Standards Manual.

(e)(c) Exterior Lighting. Exterior lighting for a Bed and Breakfast Innbed and breakfast inn shall be for


Page 5

A-197

security purposes only, subject to Section 5- 652(A)(1)-(3)(Exterior Lighting Standards). In addition to the requirements of Section 5-652, the maximum height of pole-mounted exterior lighting, outside of parking areas, shall be 12 feet.

(f)(4) Noise. The maximum allowable dB(A) level of impulsive sound emitted from the use, as measured at the property line, shall not exceed 55 dB(A). In addition, no outdoor music between 11 pm and 10 am on Friday, Saturday, and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursday.

Formatted: Lvl5-COLZO

(5) Roads/Access.


(b) For any Bed and Breakfast Inn that is not located on a state maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the use has adequate permissions to access the establishment.

(c) There shall be no more than two points of access for guests of the Bed and Breakfast Inn.

(d) (See attached note #7 for explanation of change)

Entrances and exits from the state-maintained road shall provide safe ingress and egress from roads, and shall be channeled to prevent unrestricted access to and from the premises.

(7)(6) A structure existing prior to January 7, 2003, located within an Historic Site District or Historic and Cultural Conservation District may be used as a Bed & Breakfast and shall be exempt from the minimum lot area, yard and floor area ratio requirements specified above, provided that any expansion or enlargement of such structure shall not exceed 15% of the total floor area existing prior to January 7, 2003 unless a greater expansion is approved by minor special exception pursuant to section 6-1300.

(B)(C) Country Inn.


Page 6

A-198

(1) Management. The owner or manager shall provide full- time management of the premises at all times when the Country Inn establishment is occupied by guests.

(2) Food Service. Food service may be provided for overnight guests or other transient guests attending private parties. Full-service restaurant facilities may be provided to the general public in accordance with the appropriate zoning district use regulations.

(2)(3) Private Parties. Weddings, receptions, private parties, meetings and similar activities for up to (See attached note #8 for explanation of change) 50100 attendees, including overnight guests, may be held daily at the Country Inn with the maximum number of attendee based on the maximum sleeping capacity of the facility. The hosting of the aforementioned gatherings for more than 50100 attendees, with a maximum of 150200 attendees in exceess of the sleeping capacity of the facility may be held up to (See attached note #9 for explanation of change) ten fifteen (15) times per calendar year. A minimum of 14 days shall lapse between such gatherings. Written notice for gatherings of more than 50100 attendees shall be provided 30 days in advance of each gathering or the first gathering of the calendar year to the Zoning Administrator. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Fire Department. Additional gatherings may be held in accordance with the appropriate zoning district use regulations and Section 5-642, Banquet/Event Facility.

(3)(4) Accessory Uses. A maximum of 10% of the gross floor

area of the Country inn may be comprised of accessory day treatment, spa facilities.

(4) For any establishment that is not located on a state

maintained road, a copy of the deed establishing the ingress/egress easement shall be provided to the Zoning Administrator. The deed shall demonstrate that the easement may be used to support the establishment.



Page 7

A-199

(6) A Country Inn shall have at least four rooms for transient overnight occupancy and provide at least one of the following elements:

(a) More than 10 rooms not to exceed 40 rooms for transient overnight occupancy, such facility may include Banquet/Event facilities with a Minor Special Exception in accordance with Section 5- 642;

(b) Full service restaurant facilities may provide meals to guests and the general public. In addition, Banquet/Event facilities may be provided in accordance with Section 5-642 with a Minor Special Exception.


(a) Minimum Lot Area. The minimum lot area shall be 25 20 acres.

(b) Size of Use.

(i) The maximum number of rooms shall be thriirty (30).

(i)(ii) The floor area ratio shall not exceed 0.04.

(ii)(iii) The restaurant and indoor Banquet/Event facilities on premises shall not exceed 49 percent of the total floor area of the country inn.

(c)Yard Standards. (See attached note #10 for

explanation of change)The Country Inn use, parking, and private party gathering areas minimum required yard setback shall be setback 250 feet minimum from all lot lines or 100 feet from a lot line of a property having a commercial use.

(i) New bed and breakfast residences shall be setback a minimum of 100 feet from all lot lines where the adjoining use is not commercial.

(ii) Parking for commercial guests and private parties shall be set back a minimum of 100


Page 8

A-200

feet from all lot lines where the adjoining use is not commercial.

(iii) Outside gathering areas for commercial guests and private parties shall be setback a minimum of 200 feet from all lot lines where the adjoining use is not commercial.

(iv) Setbacks from property lines where the adjoining use is commercial in nature shall be a s provided in the zoning district

(d)(5) Landscaping/Buffering/Screening.

(i)(a) The (See attached note #11 for explanation of change) active outdoor gathering area uses shall comply with the landscaping and screening standards of Section 5-653(A), regardless the size of adjacent property. No screening shall be required in buildings or to properties in commercial use.

(ii)(b) Parking areas shall be screened to comply with the standards of Section 5-653(B).

(iii)(c) Driveways (See attached note #12 for explanation

of change)for bed and breakfast and commercial gatherings shall not be located within a required buffer yard area except as minimally necessary to access the site. This criteria shall not apply to private residential or agricultural uses.

(e)(6) Roads/Access.

(i)(a) The Country Inn country inn shall comply with the road access standards in Section 5-654.

(ii)(b) There shall be no more than two points of access for

guests of the Country Inncountry inn.

(iii)(c) (See attached note #13 for explanation of change)The Country Inn shall be located on a paved public road.

(d) (See attached note #14 for explanation of change)Entrances and exits from the state- maintained road shall provide safe ingress and

Section 5-600


A-201

egress from roads, and shall be channeled to prevent unrestricted access to and from the premises.

(f)(7) Parking.

(i)(a) General. Parking and loading shall be provided as required by Section 5-1102. Parking for daily private parties shall be provided at a rate of .33 parking spaces per person, plus on per vehicle for support staff.

(ii)(b) Surface. All parking areas serving the use shall use a dust-free surfacing material, as provided in the Facilities Standards Manual.

(g)(8) Exterior Lighting. All exterior lighting shall comply with

the standards of Section 5-652(A) (Exterior Lighting Standards). In addition to the requirements of Section 5- 652, the maximum height of pole-mounted exterior lighting, outside of parking areas, shall be 12 feet.

(h)(9) Noise. The maximum allowable dB(A) level of impulsive sound emitted from the use, as measured at the property line, shall not exceed 55 dB(A). No outdoor music between 11 pm and 10 am on Friday, Saturday and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursday.

(8)(10) A structure existing prior to January 7, 2003, located within

an Historic Site District or Historic and Cultural Conservation District may be used as a Country Inn and shall be exempt from the minimum lot area, yard and floor area ratio requirements specified above, provided that any expansion or enlargement of such structure shall not exceed 15% of the total floor area existing prior to January 7, 2003 unless a greater expansion is approved by minor special exception pursuant to section 6-1300.

(C)(D) Rural Retreats and Resorts. Rural retreats and rural resorts shall

comply with the following standards.

(1) Parcel Size. The minimum lot area of rural resorts and retreats shall comply with Section 5-601(D)(8)(a), except when located within the buffer area of a Planned Development-Rural Village (PD-RV) district.


Page 10

A-202

(2) Separation Requirement. When not located within a Planned Development-Rural Village (PD-RV) district, rural retreats shall be appropriately sited so as not to infringe on the character of any existing village. At a minimum, rural retreats shall be located at least one (1) mile from the boundaries of an existing Village Conservation Overlay District or an existing PD-CV or PD-RV zoned parcel.

(3) Setbacks. All new buildings, active recreational areas,

parking, and lighted areas shall be set back a minimum of 200 feet from adjacent properties.

(4) Access. All rural retreats and resorts shall comply with the

road access standards in Section 5-654.

(5) Water and Sewer. The establishment shall be served by public water and sewer if located in a PD-RV district. Otherwise, the establishment shall be served by a communal water system and a communal wastewater collection and treatment system. Communal water and sewer systems may be located within the open space.

(6) Open Space. A minimum of 75% of the site shall remain

as open space. Recreational uses customarily incidental and subordinate to the rural resort or retreat permitted in the open space area may include: swimming pools and related facilities, boating facilities, tennis and other sports courts, equestrian facilities, picnic areas, golf courses and related facilities, ballfields, children’s play equipment and passive recreation facilities. Driveways and parking areas supporting these recreational facilities may also be located in the open space area.

(7) May be Open to Public. These establishments may be

open to the general public for patronage. A Rural Retreat or Rural Resort shall be entitled to treatment as an Event Facility pursuant to Section 5-642 by Minor Special Exception.

(8) Additional Standards for AR and TR Districts. In the

AR and TR districts, rural retreats and resorts shall comply with the following additional requirements in addition to the general standards identified above. Where there is a conflict between these standards and the general standards controlling the development of rural resorts and retreats, these standards shall control.


Page 11

A-203

(a) Intensity/Character. The minimum lot area shall be as follows.

Use Size of Lot (Minimum)

Nos. of Guest Rooms

Level I – Rural Retreat small scale Level II – Rural Retreat medium scale Level III –Rural Retreat large scale Level I – Rural Resort small scale Level II – Rural Resort medium scale Level III –Rural resort large scale

40 acres Up to 20 rooms






More than 120 rooms requires special exception approval pursuant to Section 6-1300

(b) Size of Use.

(i) The restaurant and banquet facilities, and conference and training facilities shall be less than fifty (50) percent of the total floor area of the rural retreat or resort.

(ii) Outdoor storage related to the rural retreat or

resort facilities shall be permitted.

(iii) The floor area ratio shall not exceed 0.04.

(c) Yard Standards. The minimum required yards shall be as follows:

(i) Level I-Rural Retreat: 125 feet minimum

from all lot lines.

(ii) Level II-Rural Retreat: 200 feet minimum from all lot lines.

(iii) Level III-Rural Retreat: 250 feet minimum

from all lot lines.

(iv) Level I-Rural Resort: 300 feet minimum from all lot lines.

(v) Level II-Rural Resort: 350 feet minimum

from all lot lines.


Page 12

A-204

(vi) Level III-Rural Resort: 375 feet minimum from all lot lines.

(d) Landscaping/Buffering/Screening.

(i) The use shall comply with the landscaping

and screening standards of Section 5- 653(A).

(ii) Parking areas shall be screened to comply

with the standards of Section 5-653(B).

(iii) Driveways shall not be located within a required buffer yard area except as minimally necessary to access the site.

(e) Roads/Access.

(i) The rural retreat or resort shall comply with

the road access standards in Section 5-654.

(ii) There shall be no more than two points of access to a rural retreat or resort. This requirement shall not preclude an additional access for emergency vehicles only.

(f) Parking.

(i) General. Parking and loading shall be

provided as required by Section 5-1102.

(ii) Surface. All parking areas serving the use shall use a dust-free surfacing material as provided in the Facilities Standards Manual.

(g) Exterior Lighting Standards. All exterior lighting

shall comply with the standards of Section 5-652(A) (Exterior Lighting Standards).

(h) Noise. The maximum allowable dB(A) level of

impulsive sound emitted from the use, as measured at the property line, shall not exceed 55 dB(A). In addition, outdoor music shall not be allowed after 11:00 PM.


Page 13

A-205


Page 14

A-206

Loudoun County Supplemental Zoning Regulations Bed and Breakfast and Country Inns

Notes as to ZOAG Recommended Changes 1. ZOAG and the B&B Subcommittee recommended a single level of 1 to 10 bedrooms on a

minimum of 5 acres. 2. The industry reports that the average wedding reception is 150 people. ZOAG and the

industry recommend that 200 guests be permitted in order to provide some leeway. This is a trade-off:

• Currently an unlimited number of guests are permitted 10 times per year. • The proposal is that not more than 200 guests be permitted 15 times per year.

3. The B&B industry wanted 20 gatherings per year. Fifteen was a compromise accepted by industry representatives and considered a minimum for feasibility (we have not had any mew B&B’s approved for several years).

4. a. Applying a minimum setback to an existing building is unreasonable, and the buildings, typically residential in nature, are usually not objectionable.

b. Bed and breakfast and associated party activity within buildings should not generally be objectionable to neighbors. A 100-foot setback is four times what would be required for a neighboring house in most rural districts, and the visual impact is a ¼ as well.

c. The required landscaping should supply the majority of the desired visual screening. 5. Parking is covered in the following clause. Screening should only be required to adjoining

non-commercial uses. 6. The driveway criteria should only apply to the bed and breakfast uses. 7. Clause is incomprehensible. What was intended? What does it say/mean? 8. ZOAG and the B&B industry recommended up to 100 attendees on a daily basis, and up to

200 attendees 15 times per year. • The 100 daily attendees is fewer than the 160, that would be permitted under the

existing regulations with a 40-room country inn. • There is a trade-off in that:

• Current regulations permit an unlimited number of guests to up to 10 events per year.

• Proposed regulations would cap attendance at 200 but expand the number of events to 15 per year.

9. The B&B industry wanted 20 gatherings per year. Fifteen was a compromise accepted by industry representatives and considered a minimum for feasibility (we have not had any mew B&B’s approved for several years).

10. a. Applying a minimum setback to an existing building is unreasonable. b. Bed and breakfast and associated party activity within buildings should not generally be

objectionable to neighbors. A 100-foot setback is four times what would be required for a neighboring house in most rural districts, and the visual impact is a ¼ as well.

c. The required landscaping should supply the majority of the desired visual screening. 11. Screening with plants and fences should not be required for buildings that for the most part,

should not be unsightly. Screening should also not be required to adjoining commercial uses. 12. The driveway criteria should only apply to the bed and breakfast uses. 13. Section 5-654 provides a traffic based standard. Access via a public road would be required if

traffic exceeds 250 vehicle trips per day (equivalent to about 25 homes). 14. Clause is incomprehensible. What was intended? What does it say/mean?

A-207

COUNTY OF LOUDOUN

DEPARTMENT OF BUILDING AND DEVELOPMENT

MEMORANDUM

TO: Ms. Michelle Lohr, Deputy Zoning Administrator

FROM: Gary Clare, Engineering Division

DATE: September 25, 2013 RE: Bed and Breakfast, Country Inn, and Banquet Facilities ZOAMs

I have received and reviewed the above referenced draft amendment second submission, and have no objections to their adoption as currently drafted.

Environmental Review Team (ERT) comments, if any, shall be forwarded under separate cover.

If you should have any questions, please feel free to contact me at (703) 777-0231.

Sincerely,

Gary R. Clare, P.E. Assistant Director for Land Development Engineering

Cc: ERT Team Leader Deputy Chief Engineer

ATTACHMENT 3b A-208

ATTACHMENT 3c

County of Loudoun

Department of Planning

MEMORANDUM

DATE: October 10, 2012

TO: Michelle M. Lohr, Deputy Zoning Administrator Department of Building and Development, Zoning Administration

FROM: Pat Giglio, Planner Department of Planning, Community Planning

SUBJECT: ZOAM 2013-0008, Bed and Breakfast, Country Inn, and Banquet Facility/Event Facility Zoning Ordinance Amendments

BACKGROUND On July 16, 2013, the Board of Supervisors adopted a package to amend the Zoning Ordinance for Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn, and Banquet Facility/Event Facility as a permitted, minor special exception and/or special exception use within various zoning districts (AR-1, AR-2, A-3, A-10, CR-1, CR-2,CR-3, CR-4, RC, JLMA-1, JLMA -2, JLMA-3, JLMA-20, TR-1,TR-2, TR-3, TR-10, PD-RV, R-1, R-2). Some of these hospitality service uses are currently defined and permitted in various zoning districts, but the proposed Zoning Ordinance Amendment will expand the zoning districts where the uses are permitted and amends the definitions of the uses. Community Planning understands that the Zoning Division is developing a Zoning Ordinance Amendment (ZOAM) for consideration by the Planning Commission at its November 19, 2013 Public Hearing. Community Planning Staff is providing the following information to assist the Zoning Division and the Planning Commission in developing the ZOAM.

COMPLIANCE WITH THE COMPREHENSIVE PLAN Comprehensive Plan guidance for the proposed zoning ordinance amendment is provided in the policies of the Revised General Plan (the Plan). The designated AR-1, AR-2, A-3, A-10, CR-1, CR-2,CR-3, CR-4, RC, JLMA-1, JLMA -2, JLMA-3, JLMA-20, TR-1,TR-2, TR-3, TR-10, PD-RV, R-1, and R-2 Zoning Districts generally correspond with the Rural and Transition Policy Areas identified in the Plan (Revised General Plan, Chapter 7, Planned Land Use). Currently the largest concentration of existing Bed-and- Breakfast enterprises are located within the rural areas, existing villages and the towns in Western Loudoun.

A-209

ZOAM 2013-0008- Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn, and Banquet Facility/Event Facility Zoning Ordinance Amendment

Community Planning Referral October 10, 2013

Page 2

Rural Policy Area The Rural Policy Area is planned for rural economy uses and limited residential development. The policies of the Plan support the establishment of business uses in the Rural Policy Area that preserve the rural character of the landscape, that are compatible with the dominant rural agricultural land use pattern, and that promote opportunities for the expansion of the County’s rural economic as well as environmental goals (Revised General Plan, Chapter 7, Rural Economy Policies, Policies 2). The Plan identifies a variety of appropriate rural business uses that provide opportunities for rural tourism and hospitality services, which include bed-and-breakfast enterprises, country inns, rural retreats and resorts, private conference centers and meeting facilities (Revised General Plan, Chapter 7, Land Use Pattern and Design Strategy Policies, Policy 6). These rural business uses are required to meet “established performance criteria, including traffic capacity limits, employee limits, site design standards (i.e. buffering, use intensity, siting, architectural features) and pose no threat to public health, safety and welfare” to ensure their compatibility with the character of the rural area (Revised General Plan, Chapter 7, Land Use Pattern and Design Strategy Policies, Policy 6). Existing Villages The County recognizes the Existing Villages as important features of the Rural Policy Area which possess unique scenic and historic resources, act as gathering places for citizens, provide services to the surrounding community and support rural tourism. The County’s policies for Existing Villages are aimed at limiting new residential and non-residential activities to uses that are compatible with the historic development patterns, community character, and visual identity of the individual villages (Revised General Plan, Chapter 10, text). Plan Policies call for the presence of adequate public facilities (water and wastewater), zoning, transportation and land resources to support new residential and non-residential uses, such as bed-and-breakfast enterprises in the villages (Revised General Plan, Chapter 10, Existing Villages, Policy 2). Town JLMAs The Joint Land Management Areas (JLMAs) adjoining the Towns of Leesburg, Purcellville, Round Hill and Hamilton are intended to accommodate growth emanating from the respective town and establish distinct boundaries between the town and the

A-210



Page 3

adjacent Policy Areas (Rural, Transition or Suburban). County policies encourage a mix of residential and non-residential uses around the Towns and/or their JLMAs to reinforce traditional growth patterns (Revised General Plan, Chapter 9, Land Use Policies, Policy 3). Businesses which locate within the Town JLMAs should be compatible with the rural economy and existing businesses of the Towns (Revised General Plan, Chapter 9, Land Use Policies, Policy 10). Transition Policy Area The policies of the Revised General Plan envision that the Transition Policy Area will develop as a unique planning area incorporating an innovative blend of rural and suburban development features (Revised General Plan, Chapter 8, Land Use Pattern, text). Plan policies envision the development of a variety of residential and non-residential uses in the Transition Policy Area which include, but are not limited to, equestrian centers, golf courses, active recreation uses, retail nurseries, kennels, boarding schools and compatible institutional uses, provided they meet specific criteria that address the nature, scale, and intensity of the use, market area, and design characteristics (Revised General Plan, Chapter 8, Community Design Policies 15 & 16). While these policies do not specifically identify bed-and-breakfast or other hospitality service uses, they are generally considered appropriate uses within in the Transition Policy Area because they serve to promote the rural character while serving both rural and suburban populations (Revised General Plan, Chapter 8, Land Use Pattern, text). ANALYSIS In general, as outlined above, the policies of the Revised General Plan are supportive of the expansion of hospitality service uses such as Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn, and Banquet Facility/Event Facility, within the Rural Policy Area, Existing Villages, Town JLMAs and Transition Policy Area. Plan policies are supportive of business uses, such as hospitality service uses which preserve the rural character and scenic quality of the County while offering opportunities for rural tourism. The Plan in all instances calls for performance standards to ensure that these types of hospitality service uses are compatible in scale, intensity and character with the surrounding area. Specifically the Plan identifies performance standards which address transportation and traffic, water and wastewater, site design (i.e. buffering, siting, architectural features), scale and intensity and overall compatibility with surrounding uses (residential and non-residential) which should be addressed when considering the location of hospitality services uses such as Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn, and Banquet Facility/Event Facility as proposed in the zoning ordinance amendment. The proposed Zoning Ordinance Amendments propose a tiered approach with more acreage and setback requirements as the size, scale and intensity of the use increases, to ensure compatibility with the surrounding uses. The Bed and Breakfast Homestay (1-3 rooms, no minimum lot size), is the smallest home-based business, offering limited guest accommodations, then progressing to Bed and Breakfast Inn (1-7 rooms, 5 acre minimum lot size), Bed and Breakfast Inn (8-10 rooms, 10 acre minimum lot size), and

A-211



Page 4

the largest providing guest accommodations, a Country Inn (up to 30 rooms, 20 acre minimum lot size, with or without restaurant) which is envisioned to be a more intense use. All three uses may have daily events and up to 10 private parties per year, the number of attendees for the daily events and parties increased with the size of the use and the frequency of the parties also varies depending on the size of the use as defined by the Zoning Ordinance (see Attachment 1). The Banquet Facility/Event Facility is the only use that does not require guest accommodations and has a 20 acre minimum lot size and may have an unlimited number of daily events and parties. All four uses have landscaping, parking, lighting, noise and road access standards that are more restrictive as the scale and intensity of the use increases. The setback requirements for parking, outdoor gathering areas for events and parties range from 200 feet to 300 feet depending on the use. Community Planning Staff has provided comments on issues of concern pertaining to the proposed Zoning Ordinance Amendments. Minor Special Exception vs. Special Exception Applications In general, Community Planning Staff finds the proposed zoning ordinance amendments are supported by Plan policies. However, Staff has concerns with the number of zoning districts where the proposed uses would be permitted by Minor Special Exception instead of Special Exception as currently required in the Zoning Ordinance. Based on the recommendations of the Zoning Ordinance Advisory Group (ZOAG) the vast majority of zoning districts where Bed and Breakfast Inn and Country Inn where permitted by Special Exception would now be permitted by Minor Special Exception. Staff acknowledges that the Minor SPEX process provides a more expedited timeframe with applications going directly before the Board of Supervisors for Public Hearing. However, by circumventing review by the Planning Commission, many issues which would have otherwise been resolved through deliberations by the Planning Commission may remain outstanding and place an extra burden on the Board of Supervisors. Often adjacent property owners have concerns with noise, traffic, lighting, as well as the provision of adequate landscaping and buffering to mitigate the impact of these types of uses on their properties and the surrounding area. In these instances Staff is required to work in conjunction with the applicant to address these compatibility issues, but these may not address all the issues identified by the public, particularly if the applicant is seeking modifications to the zoning standards, such as reduced setbacks, or buffering requirements which require further analysis and consideration due to the complexity of the application. Staff finds that the current provisions of the Zoning Ordinance which permit Bed and Breakfast Inn and Country Inn by Special Exception provides the most thorough review process allowing the Planning Commission the ability to provide their recommendations and address public concerns through the legislative process. Staff does not support the proposal to allow Bed and Breakfast Inn and Country Inn by Minor Special Exception in the majority of the zoning districts (refer to Attachment 1).

A-212



Page 5

Additionally the proposed amendments would permit Banquet Facility/Event Facility by Minor Special Exception in the A-10, A-3, JLMA-20, TR-10, TR-3 and PD-RV zoning districts. Staff recommends that the use be permitted only by Special Exception to provide a more thorough review process based on the scale and intensity of the use. Banquet Facility as permitted use in AR-1 and AR-2 zoning districts The proposed zoning ordinance amendment would allow “banquet facility/event facility” as a permitted use in the AR-1 and AR-2 zoning districts instead of requiring a Minor Special Exception as currently required by the Zoning Ordinance. Staff recommends that “banquet facility/event facility” in the AR-1 and AR-2, continue to be permissible only by Minor Special Exception or Special Exception due to the scale and intensity of the use. By continuing to require the use by Minor Special Exception or possibly Special Exception it allows further consideration of the application on its own merit within its individual contexts. Potential issues related to traffic, noise, site and building design, environmental impacts and overall compatibility with the surrounding uses and character of the area could be addressed through the legislative processes. Additionally, in all other zoning districts the proposed amendment would require either a Minor Special Exception or Special Exception for the “banquet facility/event facility” use, except in the PD-MUB zoning district where it is currently permitted by-right. Maintaining the current requirement that a “banquet facility/event facility” use be permitted by Minor Special Exception in the AR-1 and AR-2 zoning districts would be consistent with the existing requirements for a Country Inn with restaurant. Staff cannot support the proposal to allow “banquet facility/event facility” in the AR-1 and AR-2 zoning districts as a permitted use and recommends the use continue to be reviewed through the requirement of a Minor Special Exception or possibly as a Special Exception. Country Inn and Banquet Facility/Event Facility Road Access The Country Inn and Banquet Facility/Event Facility are required to be accessed by a paved public road due to the anticipated higher trip generation associated with these types of uses, which include daily events and more frequent parties with attendees in excess of 150 people. It is anticipated that these uses will generate a higher number of daily trips associated with day-to-day operations of the facilities including guests, employees, services and deliveries (food, linens, etc.). The smaller gravel surface roads in the County, which are often single lane and poorly maintained are not designed to safely accommodate the traffic volume or the larger delivery vehicles needed to support these types of uses. The ZOAG in their review believed that the requirement to have the Country Inn and Banquet Facility/Event Facility locate on paved public roads regardless of traffic volume was unduly restrictive and did not support the proposed language.

A-213



Page 6

Staff supports the proposal to require Banquet Facility/Event Facility to be accessed by paved public roads due to the anticipated higher trip generation associated with the use. RECOMMENDATIONS The policies of the Revised General Plan support the development of hospitality services uses such as Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn, and Banquet Facility/Event Facility within the Rural Policy Area, Existing Villages, Town JLMAs and Transition Policy Area that are compatible in scale, use and intensity with the surrounding uses and character of the area. The Plan calls for these hospitality service uses to meet established performance criteria, including traffic capacity limits, employee limits, site design standards (i.e. buffering, use intensity, siting, architectural features), provision of adequate water and wastewater disposal systems, and pose no threat to public health, safety and welfare to ensure their compatibility with the surrounding area. Staff does not support the proposal to allow Bed and Breakfast Inn, Country Inn and Banquet Facility/Event Facility by Minor Special Exception in the majority of zoning district instead of by Special Exception as currently required by the Zoning Ordinance which provides the most thorough review process allowing the Planning Commission the ability to provide their recommendations and the public more opportunities to participate in the legislative process. Community Planning Staff does not support the proposal to permit the banquet facility/event facility in the AR-1 and AR-2 zoning districts as a permitted use instead of requiring a Minor Special Exception as currently required in the Zoning Ordinance due to the scale and intensity of the use. Additionally, Community Planning Staff supports the proposal to require Banquet Facility/Event Facility to be accessed by paved public roads due to the higher trip generation associated with the use. Attachment 1: Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn, and

Banquet Facility/Event Facility Summary Table. cc. Julie Pastor, AICP, Director, Planning

Cindy Keegan, AICP, Program Manager, Community Planning-via email

A-214

ATTACHMENT 3d

County of Loudoun

Department of Transportation and Capital Infrastructure

MEMORANDUM

DATE: October 11, 2013

TO: Michelle Lohr, Deputy Zoning Administrator Department of Building and Development

FROM: Lou Mosurak, Senior CoordinatorTransportation and Operations Division

SUBJECT: ZOAM 2013-0008—Bed & Breakfast (B & B), Country Inn and Banquet Facilities First Referral

Background This Zoning Ordinance Amendment (ZOAM) proposes changes to the Revised 1993 Zoning Ordinance regarding the uses noted above, including changes to the type of application review (i.e., permitted or permissible by special exception (SPEX) / minor special exception (SPMI)) in various zoning districts. These changes are part of an overall effort to streamline the County review and approval process to be more business friendly. The proposed changes would primarily impact the AR-1 and AR-2 zoning districts in the Rural Policy Area.

Department of Transportation and Capital Infrastructure’s (DTCI’s) review of this proposed ZOAM is based on materials received from the Department of Building and Development on September 20, 2013, including (1) a referral cover sheet, dated September 20, 2013; (2) a summary sheet and table of the proposed changes, dated September 20, 2013 (provided for reference as Attachment 1); (3) draft strikethrough versions of staff’s proposed changes to Sections 5-500, 5-601, 5-642, 6-703, and Article 8 of the zoning ordinance text, revised through September 20, 2013; and (4) a list of the Zoning Ordinance Action Group’s (ZOAG’s) recommended changes to the Zoning Ordinance text, revised through September 11, 2013. Additionally, DTCI also reviewed Zoning Ordinance Section 5-654 (Road Access Standards for Specific Uses), which is referenced in several of the Zoning Ordinance sections to which changes are proposed.

Transportation Comments

1. Under staff’s proposed text, Bed & Breakfast (B & B) Inns, which would remain as a permitteduse in the AR-1 and AR-2 zoning districts, and which would be reclassified from a SPEX to apermitted use in the TR-3 and TR-10 districts, could host up to 10 private parties (specialevents) per calendar year with a maximum of 150 attendees at each event with the issuance ofan annual permit from the Zoning Administrator. These events are the most intense trip-generating use proposed by staff to be permitted with access from an unpaved road; approvalfor private parties (special events) with these parameters can currently be granted underSection 5-500(C) of the Zoning Ordinance through issuance an individual permit for each event(up to 10 per calendar year) after site specific review. Given the widely varying physicalcharacteristics and conditions of unpaved roads in the County, DTCI cannot support staff’sproposed change to allow private parties within the parameters noted above (or up to 15 events

A-215

ZOAM 2013-0008 – Bed & Breakfast, Country Inn, and Banquet Facilities DTCI First Referral Comments

October 11, 2013 Page 2

per calendar year with up to 200 attendees at each event, as proposed by ZOAG) through issuance of a single annual permit without a discretionary review and approval process, as is currently afforded to the Zoning Administrator under Section 5-500(C). DTCI recommends that such events be permitted only through a process such as is currently in place, or through approval of a SPEX.

2. DTCI supports staff’s proposed text to allow Country Inns and Banquet/Event Facilities only onpaved public roads, as the intensity and resulting higher traffic volumes generated by suchuses, including delivery and service vehicles, can only be accommodated on such roadways.DTCI cannot support the proposal by ZOAG to allow Country Inns and Banquet/Event Facilitieson unpaved roads, regardless of the size of the use. DTCI notes that staff’s proposed text forSection 5-642 (F)(3) omits the word “public” and recommends that this be corrected insubsequent versions of the draft text.

3. Banquet/Event Facilities are similar to Country Inns with Restaurants with respect to intensity ofthe use and resulting trip generation. As such, DTCI recommends that Banquet/Event Facilitiesbe classified as SPEX uses in all zoning districts in order to allow for site-specific review ofimpacts based on the scale and the intensity of the use.

4. Section 5-654 is referenced in several of the Zoning Ordinance sections to which changes areproposed. As such, DTCI reviewed Section 5-654 and recommends the following changes inorder to clarify this Section for ease of administration:

a. Change the heading of the first column from “Average Generated Daily Vehicle Trips(VTD)” to “Maximum Vehicles Per Day (VPD),” and add a footnote indicating that VPD isto be calculated based on an estimated two trips (one in, one out) per individual vehicle.

b. Add a footnote to clarify that the second column (“Onsite Road Construction Standards”)is applicable only to private roadways within a public access easement, not individualdriveways on a single parcel which provide direct access to a use subject to this Sectionfrom a public road.

ATTACHMENT 1. Summary Sheet and Table of Changes Proposed with ZOAM 2013-0008 (9/20/2013)

cc: Kathleen Leidich, Assistant Director, DTCI Aaron Zimmerman, Senior Transportation Planner, DTCI Mark Depo, Planner, Zoning Administration, B & D

A-216

ATTACHMENT 4

RECLASSIFICATION TABLE Black Text: Existing Zoning District and Classification (Level of Review) Red Text: ZOAM 2013-0008 Proposed Revisions to Zoning District and Classification (Level of Review) Classification: P – Permitted Use, S – Special Exception Use, and M – Minor Special Exception Use

Current Zoning Classifications


Bed and Breakfast Inn Bed and

Breakfast Country Inn

Banquet/ Event

Facility

A-10: P A-3: P CR-1: P CR-2: P JLMA-1: P JLMA-2: P JLMA-3: P TR-10: P TR-3 UBF: P LBR: P LF: P

TR-2: P TR-1 UBF: P LF: P R-1: P R-2: P PD-CV VN: P VC: P VC&VSC: P PD-RV VC&SCS: P VC-RA: P

A-10: S A-3: S CR-1: S CR-2: S CR-3: S JLMA-1: S JLMA-2: S JLMA-3: S TR-10: S TR-3 UBF: S LBR: S LF: S

TR-2: S TR-1 UBF: S LF: S R-1: S R-2: S PD-CV VC: S VC&VSC: P PD-RV VC-RA: P VC-C&WA: P

AR-1: P/M AR-2: P/M

No Restaurant AR-1: P AR-2: P A-10: S A-3: S CR-1: S CR-2: S CR-3: S CR-4: S JLMA-3: S TR-10: S TR-3 LBR: S PD-RV VC-C&WA: P

With Restaurant AR-1: M AR-2: M A-10: S/M A-3: S/M CR-1: S/M CR-2: S/M CR-3: S/M CR-4: S/M JLMA-3: S/M TR-10: S/M TR-3 LBR: S/M PD-RV VC-C&WA: M

AR-1: M AR-2: M PD-MUB: P

ZOAM 2013-0008 Draft Zoning Classifications


Bed and Breakfast Inn Country Inn Banquet/

Event Facility

AR-1: P AR-2: P A-10: P A-3: P CR-1: P CR-2: P RC: P JLMA-1: P JLMA-2: P JLMA-3: P JLMA-20: P TR-10: P TR-3 UBF: P LBR: P LF: P

TR-2: P TR-1 UBF: P LF: P R-1: P R-2: P PD-CV VN: P VC: P VC&VSC: P PD-RV VC&SCS: P VC-RA: P

AR-1: P AR-2: P A-10: S P A-3: S P CR-1: S M CR-2: S M CR-3: S M RC: M JLMA-20: P JLMA-1: S M JLMA-2: S M JLMA-3: S M TR-10: S P TR-3 UBF: S P LBR: S P LF: S P

TR-2: S M TR-1 UBF: S M LF: S M R-1: S M R-2: S M PD-CV VC: S P VC&VSC: P PD-RV VC-RA: P VC-C&WA: P

No Restaurant AR-1: P AR-2: P A-10: S M A-3: S M CR-1: S M CR-2: S M CR-3: S M CR-4: S M RC: M JLMA-3: S M JLMA-20:M TR-10: S M TR-3 LBR: S M PD-RV VC-C&WA: P

With Restaurant AR-1: M AR-2: M A-10: S /M A-3: S /M CR-1: S /M CR-2: S /M CR-3: S /M CR-4: S /M RC: S JLMA-3: S JLMA-20:S TR-10: S /M TR-3 LBR: S /M PD-RV VC-C&WA: M

AR-1: M AR-2: M A-10: M A-3: M CR-1: S CR-2: S CR-3: S CR-4: S RC: S R-1: S JLMA-3: S JLMA-20: M TR-10: M TR-3: M PD-RV: M PD-MUB: P

Red Text: Revisions to Zoning Classification

A-217

ADDITIONAL REGULATIONS TABLE


Bed and Breakfast Inn Country Inn Banquet/Event Facility

Number of Guest Rooms*

1-3 Guest Rooms 1-10 Guest Rooms 1-30 Guest Rooms N/A

Lot Area Requirement*

Subject to Zoning District Minimum 5 Acres Minimum 20 Acres Minimum 20 Acres

Daily Private Parties (Attendees)*

10 Attendees, including overnight guests

25 Attendee, including overnight guests

50 Attendees, including overnight guests

Determined at STPL, SPEX, or SPMI stage

Yearly Private Parties (Attendees)*

10 Private Parties, < 10 attendees, subject to §5-500(C) Special Events.

15 Private Parties of 25 to 150 Attendees

15 Private Parties of 50 to 200 Attendees

Determined at STPL, SPEX, or SPMI stage

Yard Requirements* Use, Parking, and Outside Private Parties

Use and Parking: Subject to Zoning District Requirements.

Private Parties: Subject to §5-500(C) Special Events approval.

Use and Parking: 100 feet from all lot lines.

Private Parties: 200 feet from all lot lines unless adjacent to commercial property then 100 feet.





Landscaping*

Subject to §5-653(A) to screen private parties.

Subject to §5-653(A) to screen outside private parties, regardless the size of the adjacent property.

Subject to §5-653(B) to screen parking.

Subject to §5-653(A) to screen outside private parties, regardless the size of the adjacent property.

Subject to §5-653(B) to screen parking.

Subject to §5-653(A). Subject to §5-653(B) to

screen parking.

Noise*

55dbA at property line. Music or outdoor private

parties limited to 7AM to Midnight, every day.





55dbA at property line. Subject to § 5-652(B). Outdoor music not

allowed after 11:00 PM.

Access/Entrance*

If establishment is not located on a publicly maintained road, documentation shall be provided demonstrating that the easement may be used to support the establishment.




* Standards of §5-600, Additional Regulations may be modified by a Minor Special Exception (SPMI)

A-218

SUMMARY OF AMENDMENTS March 12, 2014

Board of Supervisors Public Hearing

ZOAM 2013-0008: BED AND BREAKFAST, COUNTRY INN, AND BANQUET/EVENT FACILITY

Italic Text: Planning Commission comments. Red Underlined Text: Added Text Red Strikethrough Text: Deleted Text

ATTACHMENT 5

ZONING ORDINANCE

SECTION

BOS PUBLIC HEARING DRAFT TEXT (PLANNING COMMISSION RECOMMENDATIONS) ISSUES STAFF RECOMMENDATIONS

AR-1 Agricultural Rural-1, §2-100

1. §2-102 Commercial Uses. Food and Beverage Banquet/Event facilityFacility M Section 5-642

2. §2-102 Commercial Uses. Visitor Accommodation Bed and Breakfast Homestay P Section 5-601(A)

3. §2-102 Commercial Uses. Visitor Accommodation Bed and breakfastBreakfast Inn P /M Section 5-601(AB)

4. §2-102 Commercial Uses. Visitor Accommodation Country innInn P /M Section 5-601(BC)

5. §2-102 Commercial Uses. Visitor Accommodation Country Inn with Restaurant M Section 5-601(C)

AR-2 Agricultural Rural-2, §2-200

6. §2-202 Commercial Uses. Food and Beverage Banquet/Event facilityFacility M Section 5-642


8. §2-202 Commercial Uses. Visitor Accommodation Bed and breakfastBreakfast Inn P /M Section 5-601(AB)

9. §2-202 Commercial Uses. Visitor Accommodation Country innInn P /M Section 5-601(BC)

10. §2-202 Commercial Uses. Visitor Accommodation Country Inn with Restaurant M Section 5-601(C)

A-219

Italic Text: Planning Commission comments. ZOAM 2013-0008, Summary of Amendment Red Underlined Text: Added Text Board of Supervisors Public Hearing Red Strikethrough Text: Deleted Text March 12, 2014

ZONING ORDINANCE

SECTION


A-10 Agriculture, §2-300

11. §2-302 Permitted Uses. (C) Bed and breakfast Breakfast homestayHomestay, pursuant to Section 5-601(A).

12. §2-302

Permitted Uses. (GG) Bed and Breakfast Inn, pursuant to Section 5-601(B). Reclassify B&B Inn from a Special Exception use to a Permitted.

Reclassification from a Special Exception use to a Permitted use.

Retain B&B Inn as a Special Exception use classification. Staff acknowledges that the Permitted use process provides a more expedited timeframe. However, a SPEX provides a more thorough review process allowing both the Planning Commission and Board of Supervisors the ability to address public concerns through the legislative process. Often adjacent property owners have concerns with noise, traffic, lighting, as well as the provision of adequate landscaping and buffering to mitigate the impact of these types of uses on their properties and the surrounding area.

13. §2-303 Special Exception Uses. (B) Bed and breakfast inn pursuant to Section 5-601(B).RESERVED.

14. §2-303

Special Exception Uses. (D) Country innInn, pursuant to 5-601(C), by Minor Special Exception. Reclassify Country Inn from a Special Exception to a Minor

Special Exception use.

Reclassification from a Special Exception use to a Minor Special Exception use.

Retain Country Inn as a Special Exception use classification. Staff acknowledges that the Minor Special Exception use process provides a more expedited timeframe. However, a SPEX provides a more thorough review process allowing both the Planning Commission and Board of Supervisors the ability to address public concerns through the legislative process. Often adjacent property owners have concerns with noise, traffic, lighting, as well as the provision of adequate landscaping and buffering to mitigate the impact of these types of uses on their properties and the surrounding area.

15. §2-303 Special Exception Uses. (RR) Banquet/Event Facility, pursuant to Section 5-642, by Minor Special Exception.

Designation of a Minor Special Exception use.

Add Banquet/Event Facility as a Special Exception use. Staff concerns are outlined in line 14 above and in the BOS staff

A-220


ZONING ORDINANCE

SECTION


Add Banquet/Event Facility as a Minor Special Exception use.

report Issues section.

16. §2-303 Special Exception Uses. (SS) Country Inn with Restaurant, pursuant to 5-601(C).

A-3 Agricultural Residential, §2-400


18. §2-402

Permitted Uses. (HH) Bed and Breakfast Inn, pursuant to Section 5-601(B). Reclassify B&B Inn from a Special Exception use to a

Permitted use.


Retain B&B Inn as a Special Exception use. Staff concerns are outlined in line 12 above and in the BOS staff report Issues section.

19. §2-403 (A) Bed and breakfast inn, pursuant to Section 5-601(B).RESERVED.

20. §2-403

Special Exception Uses. (G) Country innInn, pursuant to 5-601(C), by Minor Special Exception. Reclassify Country Inn from a Special Exception to a Minor



Retain Country Inn as a Special Exception use classification. Staff concerns are outlined in line 14 above and in the BOS staff report Issues section.

21. §2-403

Special Exception Uses. (KKK) Banquet/Event Facility, pursuant to Section 5-642, by Minor Special Exception. Add Banquet/Event Facility as a Minor Special Exception

use.


Add Banquet/Event Facility as a Special Exception use. Staff concerns are outlined in line 14 above and in the BOS staff report Issues section.

22. §2-403

Special Exception Uses. (LLL) Country Inn with Restaurant, pursuant to Section 5-601(C).

A-221


ZONING ORDINANCE

SECTION


CR-1 Countryside Residential-1, §2-500


24. §2-504

Special Exception Uses. (A) Bed and Breakfast innInn, pursuant to Section 5-601(B), by Minor Special Exception. Reclassify B&B Inn from a Special Exception to a Minor



Retain B&B Inn as a Special Exception use classification. Staff concerns are outlined in line 14 above and in the BOS staff report Issues section.

25. §2-504

Special Exception Uses. (G) Country innInn, pursuant to Section 5-601(C), by Minor Special Exception. Reclassify Country Inn from a Special Exception to a Minor




26. §2-504 Special Exception Uses. (PP) Banquet/Event Facility, pursuant to Section 5-642.

27. §2-504 Special Exception Uses. (QQ) Country Inn with Restaurant, pursuant to 5-601(C).



29. §2-604





A-222


ZONING ORDINANCE

SECTION


30. §2-604





31. §2-604 Special Exception Uses. (EE) Banquet/Event Facility, pursuant to Section 5-642.

32. §2-604 Special Exception Uses. (B) Special Exception. (FF) Country Inn with Restaurant, pursuant to 5-601(C).


33. §2-704





34. §2-704





35. §2-704 Special Exception Uses. (CC) Banquet/Event Facility, pursuant to Section 5-642.

36. §2-704

Special Exception Uses. (DD) Country Inn with Restaurant, pursuant to 5-601(C).

A-223


ZONING ORDINANCE

SECTION



37. §2-804

Special Exception Uses. (F) Country innInn, pursuant to Section 5-601(C), by Minor Special Exception. Reclassify Country Inn from a Special Exception to a Minor




38. §2-804 Special Exception Uses. (BB) Banquet/Event Facility, pursuant to Section 5-642.

39. §2-804 Special Exception Uses. (CC) Country Inn with Restaurant, pursuant to 5-601(C).

RC Rural Commercial District, §2-900

40. §2-903 Permitted Uses. (PP) Bed and Breakfast Homestay, pursuant to Section 5-601(A).

41. §2-904 Special Exception Uses. (AA) Banquet/Event Facility, pursuant to Section 5-642.

42. §2-904

Special Exception Uses. (BB) Bed and Breakfast Inn, pursuant to Section 5-601(B), by Minor Special Exception. Add B&B Inn as a Minor Special Exception use.


Add B&B Inn as a Special Exception use. Staff concerns are outlined in line 14 above and in the BOS staff report Issues section.

43. §2-904

Special Exception Uses. (CC) Country Inn, pursuant to Section 5-601(C), by Minor Special Exception. Add Country Inn as a Minor Special Exception use.


Add Country Inn as a Special Exception use. Staff concerns are outlined in line 14 above and in the BOS staff report Issues section.

44. §2-904

Special Exception Uses. (DD) Country Inn with Restaurant, pursuant to Section 5-601(C).

A-224


ZONING ORDINANCE

SECTION


JLMA-1 Joint Land Management Area-1 District, §2-1000

45. §2-1003 Commercial Uses. Visitor Accommodation Bed and breakfastBreakfast, homestayHomestay P /S Section 5-601(A)

46. §2-1003

Commercial Uses. Visitor Accommodation Bed and breakfastBreakfast Inn S M Section 5-601(AB) Reclassify B&B Inn from a Special Exception to a Minor


Reclassification from a Special Exception use to a to a Minor Special Exception use.



47. §2-1103 Commercial Uses. Visitor Accommodation Bed and breakfastBreakfast homestayHomestay P /S Section 5-601(A)

48. §2-1103

Commercial Uses. Visitor Accommodation Bed and breakfast Breakfast innInn S M Section 5-601(B)

Reclassify B&B Inn from a Special Exception (S) to a Minor

Special Exception (M) use.




49. §2-1203 Commercial Uses. Food and Beverage Banquet/Event Facility S Section 5-642

50. §2-1203 Commercial Uses. Visitor Accommodation Bed and breakfastBreakfast, homestayHomestay P /S Section 5-601(A)

51. §2-1203

Commercial Uses. Visitor Accommodation Bed and breakfast Breakfast innInn S M Section 5-601(B) Reclassify B&B Inn from a Special Exception (S) to a Minor




A-225


ZONING ORDINANCE

SECTION


52. §2-1203

Commercial Uses. Visitor Accommodation Country innInn S M Section 5-601(C) Reclassify Country Inn from a Special Exception (S) to a

Minor Special Exception (M) use.



53. §2-1203 Commercial Uses. Visitor Accommodation Country Inn with Restaurant S Section 5-601(C)


54. §2-1303

Commercial Uses. Food and Beverage Banquet/Event Facility M Section 5-642 Add Banquet/Event Facility as a Minor Special Exception (M)

use.




56. §2-1303 Commercial Uses. Visitor Accommodation Bed and Breakfast Inn P Section 5-601(B)

57. §2-1303

Commercial Uses. Visitor Accommodation Country Inn M Section 5-601(C) Add Country Inn as a Minor Special Exception (M) use.




TR-10 Transitional Residential-10, §2-1400

59. §2-1402


use.


Add Banquet/Event Facility as a Special Exception (S) use. Staff concerns are outlined in line 14 above and in the BOS staff report Issues section.

A-226


ZONING ORDINANCE

SECTION



61. §2-1402

Commercial Uses. Visitor Accommodation Bed and breakfast Breakfast innInn S P Section 5-601(B)

Reclassify B&B Inn from a Special Exception (S) to a

Permitted (P) use.

Reclassification from a Special Exception use to a to a Permitted use.

Retain B&B Inn as a Special Exception (S) use. Staff concerns are outlined in line 12 above and in the BOS staff report Issues section.

62. §2-1402

Commercial Uses. Visitor Accommodation Country innInn S M Section 5-601(C) Reclassify Country Inn from a Special Exception (S) to a



Retain Country inn as a Special Exception use classification. Staff concerns are outlined in line 14 above and in the BOS staff report Issues section.



64. §2-1502 (TR-3 LBR)


use.



65. §2-1502 (TR-3 LBR)

Commercial Uses. Visitor Accommodation Bed and breakfastBreakfast homestayHomestay P /S Section 5-601(A)

66. §2-1502 (TR-3 UBF)

Bed and breakfastBreakfast homestayHomestay P /S Section 5-601(A)

67. §2-1502 (TR-3 LF)


68. §2-1502 (TR-3 LBR)

Bed and breakfast Breakfast innInn S P Section 5-601(B)


Retain B&B Inn as a Special Exception (S) use.

A-227


ZONING ORDINANCE

SECTION



Permitted (P) use.

Staff concerns are outlined in line 12 above and in the BOS staff report Issues section.

69. §2-1502 (TR-3 UBF)

Bed and breakfast Breakfast innInn S P Section 5-601(B) Reclassify B&B Inn from a Special Exception (S) to a

Permitted (P) use.



70. §2-1502 (TR-3 LF)


Permitted (P) use.



71. §2-1502 (TR-3 LBR)

Commercial Uses. Visitor Accommodation Country Inn S M Section 5-601(C) Reclassify Country Inn from a Special Exception (S) to a




72. §2-1502 (TR-3 LBR)

Commercial Uses. Visitor Accommodation Country Inn with Restaurant S Section 5-601(C)



74. §2-1602





A-228


ZONING ORDINANCE

SECTION



75. §2-1702 (TR-1 UBF)

Commercial Uses. Visitor Accommodation Bed and breakfastBreakfast homestayHomestay P /S Section 5-601(A)

76. §2-1702 (TR-1 LF)


77. §2-1702 (TR-1 UBF)





78. §2-1702 (TR-1 LF)

Bed and breakfast Breakfast innInn S M Section 5-601(B) Reclassify B&B Inn from a Special Exception (S) to a Minor




R-1 Single Family Residential, §3-100


80. §3-103

Special Exception Uses. (T) Bed and Breakfast innInn, pursuant to Section 5-601(B), by Minor Special Exception. Reclassify B&B Inn from a Special Exception to a Minor




81. §3-103

Special Exception Uses. (HH) Banquet/Event Facility, pursuant to Section 5-642.

A-229


ZONING ORDINANCE

SECTION



82. §3-202

Permitted Uses. (B) Bed and breakfast Breakfast homestay Homestay (in County designated historic districts), pursuant to Section 5-601(A).

83. §3-203

Special Exception Uses. (R) Bed and Breakfast innInn, pursuant to Section 5-601(B), by Minor Special Exception. Reclassify B&B Inn from a Special Exception to a Minor




PD-CV Planned Development – Countryside Village, §4-900

84. §4-907

(C) Permitted and Special Exception Uses. A “P” in the columns identified with “PD-CV” indicates that a Use Category or specific Use Type is permitted as a matter of right (as a permitted use) in the corresponding PD-CV land use element, subject to compliance with all applicable standards and regulations in this Ordinance and all other County ordinances. An “S” indicates that a Use Category or Use Type is allowed in the PD-CV subdistrict as a special exception in accordance with the procedures and standards of Section 6-1300. An “M” indicates that a Use Category or Use Type is allowed in the PD-CV sub district as a minor Minor special Special exception Exception in accordance with the procedures and standards of Section 6-1300. In some instances, and based on the Additional Regulations for Specific Uses (Section 5-600), a Use Type will be permitted as a matter of right under certain conditions or allowed as a special Special exception Exception under other conditions. In those instances, it is identified “P/S”.

A-230


ZONING ORDINANCE

SECTION


85. §4-907 Visitor Accommodation. Bed and breakfastBreakfast, homestayHomestay Section 5-601(A)

86. §4-907 (Village Core)

Visitor Accommodation. Bed and breakfast Breakfast innInn S P Section 5-601(B) shall not apply to Bed and Breakfast Inn in the Village Core. Reclassify B&B Inn from a Special Exception (S) to a Permitted (P) use.


Retain B&B Inn as a Special Exception (S) use classification. Staff concerns are outlined in line 12 above and in the BOS staff report Issues section.

PD-RV Planned Development – Rural Village, §4-1200

87. §4-1209(A)

Permitted Uses. Village Conservancy & Satellite Conservancy Subdistricts. (10) Bed and breakfast Breakfast homestayHomestay, pursuant to sectionSection 5-601(A).

88. §4-1209(B) Permitted Uses. Village Center – Residential Area (5) Bed and breakfast Breakfast homestayHomestay, pursuant to Section 5-601(A).

89. §4-1209(B) Permitted Uses. Village Center – Residential Area (11) Bed and breakfast Breakfast innInn, pursuant to Section 5-601(B).

90. §4-1209(C)

Permitted Uses. Village Center - Commercial and Workplace Areas. (19) Country innInn without a Restaurant, pursuant to Section 5-601(C).

91. §4-1209(C)

Permitted Uses. Village Center - Commercial and Workplace Areas. (20) Bed and breakfast Breakfast innInn, pursuant to Section 5-601(B).

92. §4-1210(C)

Special Exception Uses. Rural Village Center - Commercial and Workplace Areas. (24) Banquet/Event Facility, pursuant to Section 5-642, by Minor Special Exception.



A-231


ZONING ORDINANCE

SECTION


Add Banquet/Event Facility as a Minor Special Exception

use.

93. §4-1210(C)

Special Exception Uses. Rural Village Center - Commercial and Workplace Areas. (25) Country Inn with Restaurant, pursuant to Section 5-601(C), by Minor Special Exception. Add Country Inn as a Minor Special Exception use.



PD-MUB Planned Development – Mixed Use Business District, §4-1350

94. §4-1353(B) Permitted Uses. Commercial Uses. (14) Banquet facility/Event facilityFacility, pursuant to Section 5-642.

Temporary Use/Zoning Permit, §5-500

95. §5-500 (C)(2)

Special Events. Permitted Locations. Special events shall be permitted only when proposed to be held, in whole or in part, on any of the following properties, or a combination thereof: (a) Public or private property within one or more of the Rural and Transition Residential Zoning Districts; (b) Nonresidential private property within one or more of the Joint Land Management Area (JLMA) Zoning Districts, Suburban Zoning Districts or Planned Development (PD) Zoning Districts; or (c) Residential private property within any Joint Land Management Area (JLMA) Zoning District, Suburban Zoning District or within a Planned Development (PD) Zoning District that contains a total gross acreage of at least two (2) acres.

A-232


ZONING ORDINANCE

SECTION


Additional Regulations for Specific Uses, §5-601

96. §5-601 Bed and Breakfast Homestay, Bed and Breakfast Inn, Country Inn and Rural Guest Retreats and Rural Resorts Establishments.

Additional Regulations for Specific Uses, §5-601 Bed and Breakfast Homestay

97. §5-601(A) (A) Bed and Breakfast Homestay.

98. §5-601(A) (1) Intensity/Character.

99. §5-601 (A)(1)


100. §5-601 (A)(1) (b) Guest Rooms. 1 – 3 guest rooms.

101. §5-601 (A)(1) (c) Lot Size. No minimum lot area.

102. §5-601 (A)(1)

(d) Food Service. The Bed and Breakfast Homestay shall not contain restaurant facilities, but may provide food service for overnight guests or private party attendees, only.

103. §5-601 (A)(1)

(e) Private Parties. (i) Private parties for up to 10 attendees, including overnight guests, may be held daily at the Bed and Breakfast Homestay. (ii) Private Parties for more than 10 attendees shall require approval of a Temporary Zoning Permit for each event in accordance with Section 5-500(C) Special Events.

Setbacks. B&B Homestay setbacks for parking and private party areas of more than 10 attendees.

Staff recommends that the Additional Regulation setback for an outside private parties hosted by a B&B Inn, Country Inn and Banquet/Event Facility, as recommended by the Planning Commission, be applied to a B&B Homestay, as follows: “Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use.” Currently, an outside private party hosted by a B&B Homestay is not subject an Additional Regulation setback.

A-233


ZONING ORDINANCE

SECTION


104. §5-601(A)

(2) Landscaping/Buffering/Screening. The Bed and Breakfast Homestay shall comply with the landscaping and screening standards of Section 5-653(A) to screen outside private party areas from adjacent properties, regardless the size of adjacent property.

Landscaping/Buffering/Screening. B&B Homestay screening of buildings/structures holding private parties of more than 10 attendees.

Staff recommends in addition that any private party areas in an accessory or new buildings/structures (not located within the principal structure) hosted by the B&B Homestay be screened.

105. §5-601(A) (3) Parking.

106. §5-601 (A)(3)

(a) General. Parking and loading for a Bed and Breakfast Homestay shall be provided as required by Section 5-1102.

107. §5-601 (A)(3)

(b) Temporary. Parking for private parties for more than 10 attendees shall be provided at a rate of .33 parking spaces per person.

108. §5-601(A)

(4) Exterior Lighting. Exterior lighting for a Bed and Breakfast Homestay shall be subject to Section 5-652(A)(2)-(3) (Exterior Lighting Standards). In addition to the requirements of Section 5-652, the maximum height of pole-mounted exterior lighting shall be 12 feet.

109. §5-601(A) (5) Noise.

110. §5-601 (A)(5)


111. §5-601 (A)(5)

(b) No music or outdoor private parties shall be permitted between 12 am (midnight) and 7 am.

Noise Standard. B&B Homestay noise and hours of operation for private parties of more than 10 attendees and.

Staff recommends regulating outdoor music or private party areas between 11 p.m. and 10 a.m. on Friday, Saturday, and any evening preceding a holiday recognized by Loudoun County, and between 10 p.m. and 10 a.m. on any other day. This would add private parties to the existing noise standard and not amend the current times permitted (10:00 a.m.-11:00 p.m.) whereas the Planning Commission recommendation expands permitted noise to 7:00 a.m. to midnight 7 days per week.

A-234


ZONING ORDINANCE

SECTION


112. §5-601


Additional Regulations for Specific Uses, §5-601 Bed and Breakfast Inn

113. §5-601(B) (A)(B) Bed and Breakfast Inn.

114. §5-601(B)

(1) The owner or manager shall provide full-time management of the establishment at all times when the facility is occupied by guests. The owner or manager may live on the premise. (2) The establishment shall not contain restaurant facilities but may provide food service for overnight or other transient guests attending meetings or private parties. (3) Weddings, receptions, private parties, meetings and similar activities may be held at the Bed and Breakfast with the maximum number of attendees based on the maximum sleeping capacity of the facility. The hosting of the aforementioned gatherings in excess of the sleeping capacity of the facility may be held up to ten times per calendar year. A minimum of 14 days shall lapse between such gatherings. Written notice shall be provided 30 days in advance of the gathering to the Zoning Administrator. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Fire Department. Additional gatherings may be held in accordance with Section 5-642, Banquet/Event Facility, with the approval of a Minor Special Exception.

A-235


ZONING ORDINANCE

SECTION


(4) For any establishment that is not located on a state maintained road, a copy of the deed establishing the ingress/egress easement shall be provided to the Zoning Administrator. The deed shall demonstrate that the easement may be used to support the establishment. (5) Entrances and exits from the state-maintained road shall provide safe ingress and egress from roads, and shall be channeled to prevent unrestricted access to and from the premises.

115. §5-601(B) (6)(1) Intensity/Character.

116. §5-601 (B)(1)

(a) Management. The owner or manager of the premises shall provide full-time management at all times when the Bed and Breakfast Inn is occupied by overnight guests or private party attendees. An owner or manager may live on the premises.

117. §5-601 (B)(1)

(a)(b) Guest Rooms. The number of guest rooms shall not exceed 10 rooms. minimum lot area shall be as follows:

Allow for 1 to 10 bedrooms on a minimum of 5 acres.


No. of Guest Rooms

Level I- small scale

5 acres 3-7 rooms

Level II- medium scale

10 acres 8-10 rooms

Size of Use. B&B Inn number of guest rooms.

Staff recommends eliminating this standard and providing the minimum lot size and maximum guest room requirement of 1-7 rooms with a 5 acre minimum and 8-10 rooms with a 10 acre minimum, consistent with current requirements.

118. §5-601 (B)(1) (c) Lot Area. The minimum lot area shall be 5 acres. Size of Use.

B&B Inn maximum lot area. Staff recommends eliminating this standard and providing the minimum lot size and maximum guest room requirement of 1-7

A-236


ZONING ORDINANCE

SECTION


rooms with a 5 acre minimum and 8-10 rooms with a 10 acre minimum, consistent with current requirements (see line 117).

119. §5-601 (B)(1) (d) Size of Use. The floor area ratio shall not exceed 0.04.

120. §5-601 (B)(1)

(e) Food Service. The Bed and Breakfast Inn shall not contain restaurant facilities, but may provide food service for overnight guests or private party attendees, only.

121. §5-601 (B)(1)

(f) Private Parties. (i) Private parties for up to 25 attendees, including overnight guests, may be held daily at the Bed and Breakfast Inn. (ii) Private parties for more than 25 attendees, with a maximum of 150 attendees, including overnight guests may be held up to 15 times per calendar year. Written notice for private parties for more than 25 attendees shall be provided to the Zoning Administrator at least 30 days in advance of each private party, or at least 30 days in advance of the first private party of the calendar year if the dates of all such private parties are listed in the notice. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Department of Fire, Rescue & Emergency Management. Allow daily private parties of 25 attendees, including

overnight guests. Allow 15 private parties per calendar year

of more than 25 attendees with a maximum of 150 attendees,

including overnight guests.

Private Parties. B&B Inn maximum number of private parties of more than 25 attendees per calendar year.

Staff supports the maximum number of 25 attendees, including overnight guest, for daily private parties and 150 attendees for private parties for more than 25 attendees, including overnight guests. Staff recommends a maximum of 10 private parties per calendar year for more than the 25 attendees, whereas the Planning Commission recommendation is to permit 15 private parties per calendar year. If the Board supports the 15 private parties per calendar year for more than the 25 attendees, Staff recommends adding the following language, which currently exists, to the end of §5-601(B)(1)(ii): “Additional private parties exceeding the 25 attendees, including overnight guests may be held in accordance with Section 5-642, Banquet/Event Facility, with the approval of a Minor Special Exception.”

122. §5-601 (B)(1)

(b)(g) Yard Standards. The private party areas, not located within the principal structure, shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a

Setbacks. B&B Inn setbacks for use, parking, and private parties of more than 25

Staff recommends a 100 feet setback for the B&B Inn use and a 200 feet setback for parking and outside private party areas adjacent to residential (100 feet adjacent to commercial area).

A-237


ZONING ORDINANCE

SECTION


commercial use. (i) The Bed and Breakfast Inn use shall be setback 100 feet from all lot lines. (ii) Parking shall be setback 100 feet from all lot lines. (iii) Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use.

Require a 100 feet setback for the B&B Inn use and parking

and a 200 feet setback for outside private party areas

adjacent to residential and 100 feet adjacent to commercial

area.

attendees.

123. §5-601(B) (c)(2) Landscaping/Buffering/Screening.

124. §5-601 (B)(2)

(i)(a) The use shall comply with the landscaping and screening standards of Section 5-653(A) to screen outside private party areas from adjacent properties, regardless the size of adjacent property. Require that the use comply with the landscaping and

screening standards of Section 5-653(A) to screen outside

private party areas from adjacent properties, regardless the

size of adjacent property.

Landscaping/Buffering/Screening. B&B Inn screening for buildings/ structures holding private parties of more than 25 attendees.

Staff recommends in addition that any private party areas in an accessory or new buildings/structures (not located within the principal structure) hosted by the B&B Inn be screened.

125. §5-601 (B)(2)

(ii)(b) Parking areas shall be screened to comply with the landscaping and screening requirements standards of Section 5-653(B).

126. §5-601 (B)(2)

(iii)(c) New Driveways driveways providing access to a Bed and Breakfast Inn use shall not be located within a required buffer yard area except as minimally necessary to access the

A-238


ZONING ORDINANCE

SECTION


site. Revise the 11/19/2013 Planning Commission Public Hearing

Draft recommendation. Clarify that the driveway associated

to the B&B Inn use be subject to this requirement, only. In

addition, any existing driveway to be used for the B&B Inn

use is exempt from this requirement.

127. §5-601(B) (d)(3) Parking.

128. §5-601 (B)(3)

(a) General. Parking and loading for a bed and breakfast innBed and Breakfast Inn shall be provided as required by Section 5-1102.

129. §5-601 (B)(3)

(i)(b) Temporary. Parking for private parties for more than 25 attendees shall be provided at a rate of .33 parking spaces per person, plus 1 per employee vehicle.

130. §5-601 (B)(3)

(ii)(c) Surface. All parking areas serving the use shall use a dust-free surfacing material as provided in the Facilities Standards Manual.

131. §5-601(B)

(e)(4) Exterior Lighting. Exterior lighting for a bed and breakfast innBed and Breakfast Inn shall be for security purposes only, subject to Section 5-652(1)-(3) (Exterior Lighting Standards). In addition to the requirements of Section 5-652, the maximum height of pole-mounted exterior lighting, outside of parking areas, shall be 12 feet.

132. §5-601(B) (5) Noise.

133. §5-601 (B)(5)


134. §5-601 (B)(5)

(b) In addition, no No music or outdoor music outside private parties shall be permitted between 11 pm and 10

Noise Standards. B&B Inn private parties of more than

Staff recommends regulating outdoor music or private party areas between 11 p.m. and 10 a.m. on Friday, Saturday, and any

A-239


ZONING ORDINANCE

SECTION


am on Friday, Saturday, and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursdayany other day 12 am (midnight) and 7 am.

25 attendees and hours of operation. evening preceding a holiday recognized by Loudoun County, and between 10 p.m. and 10 a.m. on any other day. This would add private parties to the existing noise standard and not amend the current times permitted (10:00 a.m.-11:00 p.m.) whereas the Planning Commission recommendation expands permitted noise to 7:00 a.m. to midnight 7 days per week.

135. §5-601(B) (6) Roads/Access.

136. §5-601 (B)(6)


137. §5-601 (B)(6)

(b) For any Bed and Breakfast Inn that is not located on a publicly maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the easement may be used to support the establishment.

138. §5-601 (B)(6)

(c) There shall be no more than two points of access for the Bed and Breakfast Inn.

139. §5-601 (B)(6)

Eliminate the standard that all entrances and exits to a

publicly maintained road provide safe ingress and egress.

Require access to be subject to Section 5-654 only per Section

5-601(B)(6)(a).

Roads/Access. B&B Inn ingress/egress.

Staff recommends retaining the current regulation that states, “Entrances from and exits to publicly maintained roads shall provide safe ingress and egress.”

140. §5-601(B)

(7) A structure existing prior to January 7, 2003, located within an Historic Site District or Historic and Cultural Conservation District may be used as a Bed & and Breakfast Inn and shall be exempt from the minimum lot area, yard and floor area ratio requirements specified above, provided that any expansion or enlargement of such structure shall not exceed 15% of the total floor area existing prior to January 7, 2003, unless a greater expansion is approved by minorMinor specialSpecial exceptionException pursuant to section 6-1300.

A-240


ZONING ORDINANCE

SECTION


Additional Regulations for Specific Uses, §5-601 Country Inn

141. §5-601(C) (B)(C) Country Inn.

142. §5-601(C)

(1) The owner or manager shall provide full-time management of the premises at all times when the establishment is occupied by guests. (2) In addition to guest rooms, the establishment may, by Minor Special Exception, contain a full-service restaurant that may provide meal service to guests and the general public. Weddings, receptions, private parties, meetings and similar activities may be held at the Country Inn with the maximum number of attendees based on the maximum sleeping capacity of the facility. The hosting of the aforementioned gatherings in excess of the sleeping capacity of the facility may be held up to ten times per calendar year. A minimum of 14 days shall lapse between such gatherings. Written notice shall be provided 30 days in advance of the gathering to the Zoning Administrator. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Fire Department. Additional gatherings may be held in accordance with Section 5-642, Banquet/Event Facility, with the approval of a Minor Special Exception. (3) A maximum of 10% of the gross floor area of the Country inn may be comprised of accessory day treatment, spa facilities. (4) For any establishment that is not located on a state maintained road, a copy of the deed establishing the

A-241


ZONING ORDINANCE

SECTION


ingress/egress easement shall be provided to the Zoning Administrator. The deed shall demonstrate that the easement may be used to support the establishment. (5) Entrances and exits from the state-maintained road shall provide safe ingress and egress from roads, and shall be channeled to prevent unrestricted access to and from the premises. (6) A Country Inn shall have at least four rooms for transient overnight occupancy and provide at least one of the following elements: (a) More than 10 rooms not to exceed 40 rooms for transient overnight occupancy, such facility may include Banquet/Event facilities with a Minor Special Exception in accordance with Section 5-642; (b) Full service restaurant facilities may provide meals to guests and the general public. In addition, Banquet/Event facilities may be provided in accordance with Section 5-642 with a Minor Special Exception.

143. §5-601(C) (7)(1) Intensity/Character.

144. §5-601 (C)(1)

(a) Management. The owner or manager of the premises shall provide full-time management at all times when the Country Inn is occupied by overnight guests or private party attendees. An owner or manager may live on the premises.

A-242


ZONING ORDINANCE

SECTION


145. §5-601 (C)(1) (b) Guest Rooms. 1 – 30 guest rooms.

146. §5-601 (C)(1)


147. §5-601 (C)(1)

(b)(d) Size of Use. (i) The floor area ratio shall not exceed 0.04. (ii) The Any restaurant and indoor Banquet/Event facilities Facility(ies) located on the premises property shall not exceed 49 percent of the total floor area of the country innCountry Inn.

148. §5-601 (C)(1)

(e) Food Service. (i) Food service may be provided for overnight guests and private party attendee. (ii) Full-service restaurant facilities may be provided to the general public in accordance with the individual zoning district regulations.

149. §5-601 (C)(1)

(f) Private Parties. (i) Private parties for up to 50 attendees, including overnight guests may be held daily at the Country Inn. (ii) Private parties for more than 50 attendees, with a maximum of 200 attendees, including overnight guests may be held up to 15 times per calendar year. Written notice for

Private Parties. Country Inn maximum number of private parties of more than 50 attendees per calendar year.

Staff supports the maximum number of 50 attendees, including overnight guest, for daily private parties and 200 attendees for private parties for more than 50 attendees, including overnight guests. Staff recommends a maximum of 10 private parties per calendar year for more than the 50 attendees, whereas the Planning Commission recommendation is to permit 15 private

A-243


ZONING ORDINANCE

SECTION


private parties for more than 50 attendees shall be provided to the Zoning Administrator at least 30 days in advance of each private party, or at least 30 days in advance of the first private party of the calendar year if the dates of all such private parties are listed in the notice. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Department of Fire, Rescue & Emergency Management. Allow daily private parties of 50 attendees, including

overnight guests. Allow 15 private parties per calendar year

of more than 50 attendees with a maximum of 200 attendees,

including overnight guests.

parties per calendar year. If the Board supports the 15 private parties per calendar year for more than the 50 attendees, Staff recommends adding the following language, which currently exists, to the end of §5-601(B)(1)(ii): “Additional private parties exceeding the 25 attendees, including overnight guests may be held in accordance with Section 5-642, Banquet/Event Facility, with the approval of a Minor Special Exception.”

150. §5-601 (C)(1)

(g) Yard Standards. The Country Inn use, parking, and private party areas minimum required yard setback shall be setback 250 feet minimum from all lot lines or 100 feet from a lot line of a property having a commercial use. (i) The Country Inn use shall be setback 100 feet from all lot lines. (ii) Parking shall be setback 100 feet from all lot lines. (iii) Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use. Require a 100 feet setback for the use and parking and a 200

feet setback for outside private party areas adjacent to

residential and 100 feet adjacent to commercial area.

Setbacks. Country Inn use, parking, and private parties of more than 50 attendees.

Staff recommends a 200 feet setback for the Country Inn use and parking and a 250 feet setback for outside private party areas adjacent to residential (100 feet adjacent to commercial area).

151. §5-601 (C)(1)

(c)(h) Accessory Use. A maximum of 10% of the gross floor area of the Country Inn may be composed of accessory day treatment, spa facilities.

A-244


ZONING ORDINANCE

SECTION


152. §5-601(C) (d)(2) Landscaping/Buffering/Screening.

153. §5-601 (C)(2)

(i)(a) The use shall comply with the landscaping and screening standards of Section 5-653(A) to screen outside private party areas from adjacent properties, regardless the size of adjacent property. Require that the use comply with the landscaping and




Landscaping/Buffering/Screening. Country Inn buildings/structures holding private parties of more than 50 attendees.

Staff recommends in addition that any private party areas in an accessory or new buildings/structures (not located within the principal structure) hosted by the Country Inn be screened.

154. §5-601 (C)(2)

(ii)(b) Parking areas shall be screened to comply with the landscaping and screening standards of Section 5-653(B).

155. §5-601 (C)(2)

(iii)(c) New Driveways driveways providing access to the Country Inn use shall not be located within a required buffer yard area except as minimally necessary to access the site. Revise the 11/19/2013 Planning Commission Public Hearing Draft recommendation. Clarify that the driveway associated to the B&B Inn use be subject to this requirement, only. In addition, any existing driveway to be used for the B&B Inn use is exempt from this requirement.

156. §5-601(C) (f)(3) Parking.

157. §5-601 (C)(3)

(a) General. Parking and loading for a Country Inn shall be provided as required by Section 5-1102.

158. §5-601 (C)(3)

(i)(b) Temporary Parking. Parking for private parties for more than 50 attendees shall be provided at a rate of .33 parking spaces per person, plus 1 per employee vehicle.

159. §5-601 (C)(3)

(ii)(c) Surface. All parking areas serving the use shall use a dust-free surfacing material, as provided in the Facilities

A-245


ZONING ORDINANCE

SECTION


Standards Manual.

160. §5-601(C)

(g)(4) Exterior Lighting. All exterior lighting shall comply with the standards of Section 5-652(A) (Exterior Lighting Standards). In addition to the requirements of Section 5- 652, the maximum height of pole-mounted exterior lighting, outside of parking areas, shall be 12 feet.

161. §5-601(C) (5) Noise.

162. §5-601 (C)(5)


163. §5-601 (C)(5)

(b) No music or outdoor music outside private parties shall be permitted between 11 pm and 10 am on Friday, Saturday and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursday 12 am (midnight) and 7 am.

Noise Standards. Country Inn private parties of more than 50 attendees and hours of operation.


164. §5-601(C) (h)(6) Roads/Access.

165. §5-601 (C)(6)

(a) The country inn shall comply with the road access standards in Section 5-654.

166. §5-601 (C)(6)

(b) There shall be no more than two points of access for guests of the cCountry iInn.

167. §5-601 (C)(6)

(c) For any Country Inn that is not located on a publicly maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the easement may be used to support the establishment.

Roads/Access. Country Inn located on a publicly maintained road.

Staff recommends requiring a Country Inn to be located on a paved publicly maintained road.

A-246


ZONING ORDINANCE

SECTION


Access to be subject to Section 5-654 as provided for in

Section 5-601(C)(6)(a). Require a Country Inn to be located

on a publicly maintained road with the same requirements as

a B&B Inn.

168. §5-601 (C)(6)




5-601(B)(6)(a).

Roads/Access. Country Inn ingress/egress.


169. §5-601(C)

(8)(7) A structure existing prior to January 7, 2003, located within an Historic Site District or Historic and Cultural Conservation District may be used as a Country Inn and shall be exempt from the minimum lot area, yard and floor area ratio requirements specified above, provided that any expansion or enlargement of such structure shall not exceed 15% of the total floor area existing prior to January 7, 2003 unless a greater expansion is approved by minorMinor specialSpecial exceptionException pursuant to section 6-1300.

Additional Regulations for Specific Uses, §5-601 Rural Retreats and Resorts

170. §5-601(D) (C)(D) Rural Retreats and Resorts. Rural retreats and rural resorts shall comply with the following standards.

171. §5-601 (D)(8)(b)

(i) The restaurant and banquet Banquet/Event facilitiesFacilities, and conference and training facilities shall be less than fifty (50) percent of the total floor area of the rural retreat or resort.

Additional Regulations for Specific Uses, §5-642 Banquet/Event Facility

172. §5-642 Banquet Facility/Event Facility. Any Banquet/Event Facility use, except within the PD-MUB and CLI district, in the AR districts shall comply with the following standards:

A-247


ZONING ORDINANCE

SECTION


173. §5-642(A) (A) Intensity/Character Standards.

174. §5-642(A) (A)(1) Hours of Operation. Hours of operation shall be limited to 9:00 a.m. to 12:00 midnight.

175. §5-642(A) (2) Size of Use. The minimum lot area for a Banquet/Event Facility shall be 25 20 acres.

176. §5-642(A) (B)(3) Floor Area. The floor area ratio shall not exceed 0.04.

177. §5-642(A)

(4) Location on Site/Dimensional Standards. The Banquet/Event Facility use shall be set back 200 feet from lot lines. Outdoor areas, including parking used for the Banquet/Event Facility use shall be set back a minimum of 500 feet from all property lines. The Board of Supervisors may increase the outdoor area setback in establishing conditions associated with a Minor Special Exception for the Banquet/Event Facility use. (a) The Banquet/Event Facility use shall be setback 100 feet from all lot lines. (b) Parking shall be setback 100 feet from all lot lines. (c) Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use. Require a 100 feet setback for the use and parking and a 200 feet setback for outside private party areas adjacent to residential and 100 feet adjacent to commercial area.

Setbacks. Banquet/Event Facility setbacks for use, parking, and private party areas. .

Staff recommends a 200 feet setback for the Banquet/Event Facility Inn use and 300 feet setback for parking and outside private party areas adjacent to residential (100 feet adjacent to commercial area).

A-248


ZONING ORDINANCE

SECTION


178. §5-642(A)


Allow a maximum number of 200 attendees on 20 acres and

an additional two persons per acre over 20 acres.

Allow a maximum number of attendees equal to the Country

Inn. Both a Country Inn and Banquet/Event Facility require a

minimum lot size of 20 acres

Private Parties. Banquet/Event Facility maximum number of private party attendees.

Staff recommends a maximum number of 150 attendees on 20 acres and an additional two persons per acre over 20 acres.

179. §5-642(B) (D)(B) Landscaping/Buffering/Screening.

180. §5-642(B) (1) Buffer. The Banquet/Event Facility use shall comply with the landscaping and screening standards of Section 5-653(A).

181. §5-642(B) (2) Parking Areas. Parking areas shall be screened to comply with the landscaping and screening standards requirements of Section 5-653(B).

182. §5-642(B) (3) Storage Yards. All storage yards shall be screened andcomply with the landscaping and screening landscaped consistent with the standards of Section 5-653(C).

183. §5-642(C) (E)(C) Roads/Access Standards.

Minimum Acreage No. of Attendees 20 acres 150 200 attendees 50 acres 210 260 attendees 75 acres 260 310 attendees 100 acres 310 360 attendees

A-249


ZONING ORDINANCE

SECTION


184. §5-642(C) (1) General Access Standards. A Banquet/Event Facility shall comply with the road access standards of Section 5-654.

185. §5-642(C)

(2) Number of Access Points. There shall be no more than two points of access to a publicly maintained road for the Banquet/Event Facility use. This requirement shall not preclude an additional access for emergency vehicles only.

186. §5-642(C)

(3) For any Banquet/Event Facility that is not located on a publicly maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the easement may be used to support the establishment. Access to be subject to Section 5-654 as provided for in

Section 5-601(C)(6)(a). Require a Banquet/Event Facility to

be located on a publicly maintained road with the same

requirements as a B&B Inn and as proposed for a Country

Inn.

Roads/Access. Banquet/Event Facility located on a publicly maintained road.

Staff recommends requiring a Country Inn to be located on a paved publicly maintained road.

187. §5-642(C)




5-601(B)(6)(a).

Roads/Access. Banquet/Event Facility ingress/egress.


188. §5-642(D) (D) Parking.

189. §5-642(D) (1) General. Parking and loading shall be provided as required by Section 5-1102.

190. §5-642(D) (F)(2) Surface. All parking areas serving the use shall use a dust-free surfacing material, as provided in the Facilities Standards Manual.

191. §5-642(E)

(G)(E) Exterior Lighting Standards. All exterior lighting shall comply with the standards of Section 5-652(A)(1)-(3) (Exterior Lighting Standards). In addition to the requirements of Section 5-652, the maximum height of

A-250


ZONING ORDINANCE

SECTION


pole-mounted exterior lighting, outside of parking areas, shall be 12 feet.

192. §5-642(F) (H)(F) Noise. A Banquet/Event Facility shall comply with the noise standards of Section 5-652(B) (Noise Standards).

193. §5-642(I)

(I) Indoor and Outdoor Events. (1) Indoor events: weddings, meetings, private parties may be held within a building approved for the Banquet/Event Facility use. The maximum number of attendees is based on the occupancy load of the event space as determined by the Uniform Statewide Building Code. (2) Outdoor events: weddings, meetings, private parties may be held outdoors. The maximum number of attendees is based on the acreage of the property as identified in the table below:

Minimum Acreage No. of Attendees 25 acres 125 attendees 40 acres 200 attendees 75 acres 350 attendees

Additional Regulations for Specific Uses, §5-654 Road Access Standards for Specific Uses.

194. §5-654 Average Generated Daily Vehicle Trips (VTD) Maximum Vehicles Per Day (VPD) (1)

195. §5-654 Public Paved Road Standards (12)

196. §5-654 Public Unpaved Road Standards (12)

A-251


ZONING ORDINANCE

SECTION


197. §5-654 (1) VPD is to be calculated based on an estimated two trips (one in, one out) per individual vehicle.

198. §5-654 (12) Characteristics of the first public road accessed by project’s private access road.

Off-Street Parking and Loading Requirements, §5-1100

199. §5-1102

Bed and Breakfast Homestay. Parking. 2.5/dwelling unit 1/guest room .33/permitted daily private party attendee

200. §5-1102

Bed and Breakfast Inn. Parking. 2.5/dwelling unit 1/guest room 1/employee .33/permitted daily private party attendee

201. §5-1102

Country Inn. Parking. 1/guest room 15/1,000 sq. ft. of GFA for restaurants & kitchen area only .33/permitted daily private party attendee

202. §5-1102 Country Inn. Loading. 1/40,000 sq. ft. of GFA for restaurantNone

203. §5-1102 Banquet/Event Facility

204. §5-1102 Banquet/Event Facility. Parking 1/employee .33/permitted attendee

205. §5-1102 Banquet/Event Facility. Loading 1/40,000 sq. ft. of GFA

Sketch Plan, §6-703

206. §6-703(A) (A) A Sketch Plan is required as part of a zoning permit application for the following permitted uses: Animal Care

A-252


ZONING ORDINANCE

SECTION


Business, Bed and Breakfast Inn (with less than 5,000 sq. ft. of disturbance), Child Care Home, Farm Market (but not including the use Farm Market (off-site production), which shall require a site plan), Stable (Private or Neighborhood), and Wayside Stand.

207. §6-703(B)

(B) A Sketch Plan shall include a drawing of all aspects of the business operations including the location, size and dimensions of buildings, the size and dimensions of areas within existing structures to be used for the business; size, dimensions, and location of any accessory structures, outdoor storage yards, and screening buffering; quantity and dimensions of parking spaces; location of proposed signs, if any; location of wells and septic systems; and the approximate location of any on-site floodplain as determined from the County map. The Sketch Plan shall include information necessary to illustrate conformance with the Additional Regulations for Specific Uses of Section 5-600. In addition, the Sketch Plan shall include the location and width of entrances and adjacent right-of-way, adjoining properties, and easements.

Article 8 Definitions

208. Article 8

Banquet/Event Facility: A use in which the principal function is hosting private parties at which food and beverages are served to groups of people, and which has facilities for the refrigeration and preparation of food, or which provides facilities for food through a caterer. Banquet/Event facilities, held indoors or outdoors, may also be an ancillary component of other uses such as, but not limited to: restaurants, hotels, bed and breakfasts, country inns, rural Rural retreatsRetreats, rural Rural resortsResorts, conference centers and similar uses. Adult entertainment shall not be permitted at a

A-253


ZONING ORDINANCE

SECTION


Banquet/Event Facility.

209. Article 8

Bed and Breakfast Homestay: A private owner occupied dwelling in which overnight accommodations are provided to the public. The frequency and volume of paying guests is incidental to the primary use of the property as a private residence.

210. Article 8

Bed and Breakfast Inn(formerly Bed and Breakfast Homestay and Bed and Breakfast Inn): A business operated in one or more structures which are used for providing overnight accommodations to the public and which may include rooms for meetings as well as Banquet/Event Facility(ies) for private parties as an ancillary accessory use.

211. Article 8

Country Inn: A business operated in one or more structures which offers overnight accommodations and may contain meeting rooms, dining, and banquetBanquet/event Event facilities Facility(ies) in a predominately rural area. An owner may live on the premises. A Country Inn may include a full-service restaurant for guests and the general public and meeting facilities. A Country Inn may also include a Banquet/Event Facility as an ancillary use.

212. Article 8

Special Event: A temporary commercial or festive activity or promotion at a specific location that is open to the public and is planned or reasonably expected to attract large assemblies of persons. Special events include, but are not limited to, carnivals, festivals, circuses, music fairs or concerts, tent revivals, art shows, crafts shows, rodeos, corn mazes, civil war reenactments, equestrian shows, firework displays and events, or similar events open to the public. In addition, a private party held at a Banquet/Event Facility (including Hotel, Conference

A-254


ZONING ORDINANCE

SECTION


Center, Restaurant, Bed and Breakfast, Country Inn, Rural Retreat or Rural Resort or similar facility), Bed and Breakfast Inn, or Country Inn shall not be deemed a special event. A private party which is held at a location other than the foregoing or held on property other than property which is occupied by the host, shall be deemed a special event. “Special event” does not include temporary or seasonal retail sales of goods, products, or services, such as temporary sales of Christmas trees, farm produce, fireworks, and other similar seasonal goods.

A-255

ISSUES MATRIX March 12, 2014

BOARD OF SUPERVISORS PUBLIC HEARING

ZOAM 2013-0008: BED AND BREAKFAST, COUNTRY INN, AND BANQUET/EVENT FACILITY

Italic Text: Planning Commission and Staff comments. Red Underlined Text: Added Text Red Strikethrough Text: Deleted Text

ATTACHMENT 6

ZONING ORDINANCE

SECTION

BOS PUBLIC HEARING DRAFT TEXT (PLANNING COMMISSION RECOMMENDATIONS) STAFF RECOMMENDATIONS

Issue 1. Reclassification or Designation

A-10 Agriculture, §2-300

1. §2-302

Permitted Uses. (GG) Bed and Breakfast Inn, pursuant to Section 5-601(B). Reclassify B&B Inn from a Special Exception use to a Permitted.

Retain B&B Inn as a Special Exception use classification.. Staff acknowledges that the Permitted use process provides a more expedited timeframe. However, a SPEX provides a more thorough review process allowing both the Planning Commission and Board of Supervisors the ability to address public concerns through the legislative process. Often adjacent property owners have concerns with noise, traffic, lighting, as well as the provision of adequate landscaping and buffering to mitigate the impact of these types of uses on their properties and the surrounding area.

2. §2-303

Special Exception Uses. (D) Country innInn, pursuant to 5-601(C), by Minor Special Exception. Reclassify Country Inn from a Special Exception to a Minor


Retain Country Inn as a Special Exception use classification. Staff acknowledges that the Minor Special Exception use process provides a more expedited timeframe. However, a SPEX provides a more thorough review process allowing both the Planning Commission and Board of Supervisors the ability to address public concerns through the legislative process. Often adjacent property owners have concerns with noise, traffic, lighting, as well as the provision of adequate landscaping and buffering to mitigate the impact of these types of uses on their properties and the surrounding area.

3. §2-303

Special Exception Uses. (RR) Banquet/Event Facility, pursuant to Section 5-642, by Minor Special Exception. Add Banquet/Event Facility as a Minor Special Exception use.

Add Banquet/Event Facility as a Special Exception use classification. Staff concerns are outlined in line 2 above and in the BOS staff report Issues section.

A-256

Italic Text: Planning Commission comments. ZOAM 2013-0008, Issues Matrix Red Underlined Text: Added Text Board of Supervisors Public Hearing Red Strikethrough Text: Deleted Text March 12, 2014

ZONING ORDINANCE

SECTION


Issue 1. Reclassification or Designation A-3 Agricultural Residential, §2-400

4. §2-402

Permitted Uses. (HH) Bed and Breakfast Inn, pursuant to Section 5-601(B). Reclassify B&B Inn from a Special Exception use to a

Permitted use.


5. §2-403

Special Exception Uses. (G) Country innInn, pursuant to 5-601(C), by Minor Special Exception. Reclassify Country Inn from a Special Exception to a Minor



6. §2-403

Special Exception Uses. (KKK) Banquet/Event Facility, pursuant to Section 5-642, by Minor Special Exception. Add Banquet/Event Facility as a Minor Special Exception use.



7. §2-504




8. §2-504




A-257


ZONING ORDINANCE

SECTION




9. §2-604




10. §2-604





11. §2-704




12. §2-704





13. §2-804 Special Exception Uses. (F) Country innInn, pursuant to Section 5-601(C), by Minor

Retain Country Inn as a Special Exception use classification.

A-258


ZONING ORDINANCE

SECTION


Issue 1. Reclassification or Designation Special Exception. Reclassify Country Inn from a Special Exception to a Minor


Staff concerns are outlined in line 2 above and in the BOS staff report Issues section.

RC Rural Commercial District, §2-900

14. §2-904

Special Exception Uses. (BB) Bed and Breakfast Inn, pursuant to Section 5-601(B), by Minor Special Exception. Add B&B Inn as a Minor Special Exception use.

Add B&B Inn as a Special Exception use classification. Staff concerns are outlined in line 2 above and in the BOS staff report Issues section.

15. §2-904

Special Exception Uses. (CC) Country Inn, pursuant to Section 5-601(C), by Minor Special Exception. Add Country Inn as a Minor Special Exception use.

Add Country Inn as a Special Exception use classification. Staff concerns are outlined in line 2 above and in the BOS staff report Issues section.


16. §2-1003

Commercial Uses. Visitor Accommodation Bed and breakfastBreakfast Inn S M Section 5-601(AB) Reclassify B&B Inn from a Special Exception to a Minor




17. §2-1103

Commercial Uses. Visitor Accommodation Bed and breakfast Breakfast innInn S M Section 5-601(B)


A-259


ZONING ORDINANCE

SECTION


Issue 1. Reclassification or Designation Reclassify B&B Inn from a Special Exception (S) to a Minor



18. §2-1203




19. §2-1203

Commercial Uses. Visitor Accommodation Country innInn S M Section 5-601(C) Reclassify Country Inn from a Special Exception (S) to a Minor




20. §2-1303


use.


21. §2-1303

Commercial Uses. Visitor Accommodation Country Inn M Section 5-601(C) Add Country Inn as a Minor Special Exception (M) use.



22. §2-1402


Add Banquet/Event Facility as a Special Exception (S) use classification. Staff concerns are outlined in line 2 above and in the BOS

A-260


ZONING ORDINANCE

SECTION


Issue 1. Reclassification or Designation use. staff report Issues section.

23. §2-1402

Commercial Uses. Visitor Accommodation Bed and breakfast Breakfast innInn S P Section 5-601(B) Reclassify B&B Inn from a Special Exception (S) to a

Permitted (P) use.


24. §2-1402

Commercial Uses. Visitor Accommodation Country innInn S M Section 5-601(C) Reclassify Country Inn from a Special Exception (S) to a Minor


Retain Country inn as a Special Exception use classification. Staff concerns are outlined in line 2 above and in the BOS staff report Issues section.


25. §2-1502 (TR-3 LBR)


use.


26. §2-1502 (TR-3 LBR)

Bed and breakfast Breakfast innInn S P Section 5-601(B)


Permitted (P) use.


27. §2-1502 (TR-3 UBF)


Permitted (P) use.


28. §2-1502 (TR-3 LF)


Permitted (P) use.


A-261


ZONING ORDINANCE

SECTION



29. §2-1502 (TR-3 LBR)

Commercial Uses. Visitor Accommodation Country Inn S M Section 5-601(C) Reclassify Country Inn from a Special Exception (S) to a Minor




30. §2-1602





31. §2-1702 (TR-1 UBF)




32. §2-1702 (TR-1 LF)

Bed and breakfast Breakfast innInn S M Section 5-601(B) Reclassify B&B Inn from a Special Exception (S) to a Minor




33. §3-103

Special Exception Uses. (T) Bed and Breakfast innInn, pursuant to Section 5-601(B), by Minor Special Exception. Reclassify B&B Inn from a Special Exception to a Minor



A-262


ZONING ORDINANCE

SECTION




34. §3-203

Special Exception Uses. (R) Bed and Breakfast innInn, pursuant to Section 5-601(B), by Minor Special Exception. Reclassify B&B Inn from a Special Exception to a Minor



PD-CV Planned Development – Countryside Village, §4-900

35. §4-907 (Village Core)

Visitor Accommodation. Bed and breakfast Breakfast innInn S P Section 5-601(B) shall not apply to Bed and Breakfast Inn in the Village Core. Reclassify B&B Inn from a Special Exception (S) to a Permitted (P) use.


PD-RV Planned Development – Rural Village, §4-1200

36. §4-1210(C)

Special Exception Uses. Rural Village Center - Commercial and Workplace Areas. (24) Banquet/Event Facility, pursuant to Section 5-642, by Minor Special Exception. Add Banquet/Event Facility as a Minor Special Exception use.


37. §4-1210(C)

Special Exception Uses. Rural Village Center - Commercial and Workplace Areas. (25) Country Inn with Restaurant, pursuant to Section 5-601(C), by Minor Special Exception. Add Country Inn as a Minor Special Exception use.


A-263


ZONING ORDINANCE

SECTION


Issue 2. Private Parties


38. §5-601 (A)(1)

(e) Private Parties. (i) Private parties for up to 10 attendees, including overnight guests, may be held daily at the Bed and Breakfast Homestay. (ii) Private Parties for more than 10 attendees shall require approval of a Temporary Zoning Permit for each event in accordance with Section 5-500(C) Special Events.

No issues. This text is included for comparison purposes only.


39. §5-601 (B)(1)

(f) Private Parties. (i) Private parties for up to 25 attendees, including overnight guests, may be held daily at the Bed and Breakfast Inn. (ii) Private parties for more than 25 attendees, with a maximum of 150 attendees, including overnight guests may be held up to 15 times per calendar year. Written notice for private parties for more than 25 attendees shall be provided to the Zoning Administrator at least 30 days in advance of each private party, or at least 30 days in advance of the first private party of the calendar year if the dates of all such private parties are listed in the notice. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Department of Fire, Rescue & Emergency Management. Revise the 11/19/2013 Planning Commission Public Hearing

Draft recommendation. Allow daily private parties of 25

attendees, including overnight guests. Allow 15 private parties


A-264


ZONING ORDINANCE

SECTION


Issue 2. Private Parties per calendar year of more than 25 attendees with a maximum

of 150 attendees, including overnight guests.

Country Inn

40. §5-601 (C)(1)

(f) Private Parties. (i) Private parties for up to 50 attendees, including overnight guests may be held daily at the Country Inn. (ii) Private parties for more than 50 attendees, with a maximum of 200 attendees, including overnight guests may be held up to 15 times per calendar year. Written notice for private parties for more than 50 attendees shall be provided to the Zoning Administrator at least 30 days in advance of each private party, or at least 30 days in advance of the first private party of the calendar year if the dates of all such private parties are listed in the notice. Such notice shall be accompanied by proof of any necessary approvals from County agencies, such as the Health Department and the Department of Fire, Rescue & Emergency Management. Revise the 11/19/2013 Planning Commission Public Hearing

Draft recommendation. Allow daily private parties of 50

attendees, including overnight guests. Allow 15 private parties

per calendar year of more than 50 attendees with a maximum

of 200 attendees, including overnight guests.


Banquet/Event Facility

41. §5-642(A)


Staff recommends a maximum number of 150 attendees on 20 acres and an additional two persons per acre over 20 acres.

A-265


ZONING ORDINANCE

SECTION


Issue 2. Private Parties

Revise the 11/19/2013 Planning Commission Public Hearing

Draft recommendation. Allow a maximum number of attendees

equal to the Country Inn. Both a Country Inn and

Banquet/Event Facility require a minimum lot size of 20 acres

Minimum Acreage No. of Attendees 20 acres 150 200 attendees 50 acres 210 260 attendees 75 acres 260 310 attendees 100 acres 310 360 attendees

A-266


ZONING ORDINANCE

SECTION


Issue 3. Setbacks


42. §5-601(A)

The B&B Homestay setbacks are subject to the setbacks of the

Zoning District the B&B Homestay is to be located.

Staff recommends that the Additional Regulation setback for an outside private parties hosted by a B&B Inn, Country Inn and Banquet/Event Facility, as recommended by the Planning Commission, be applied to a B&B Homestay, as follows: “Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use.” Currently, an outside private party hosted by a B&B Homestay is not subject an Additional Regulation setback.


43. §5-601 (B)(1)

(b)(g) Yard Standards. The private party areas, not located within the principal structure, shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use. (i) The Bed and Breakfast Inn use shall be setback 100 feet from all lot lines. (ii) Parking shall be setback 100 feet from all lot lines. (iii) Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use.


Draft. Require a 100 feet setback for the B&B Inn use and

parking and a 200 feet setback for outside private party areas

Staff recommends a 100 feet setback for the B&B Inn use and a 200 feet setback for parking and outside private party areas adjacent to residential (100 feet adjacent to commercial area).

A-267


ZONING ORDINANCE

SECTION


Issue 3. Setbacks adjacent to residential and 100 feet adjacent to commercial

area.

Country Inn

44. §5-601 (C)(1)

(g) Yard Standards. The Country Inn use, parking, and private party areas minimum required yard setback shall be setback 250 feet minimum from all lot lines or 100 feet from a lot line of a property having a commercial use. (i) The Country Inn use shall be setback 100 feet from all lot lines. (ii) Parking shall be setback 100 feet from all lot lines. (iii) Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use. Revise the 11/19/2013 Planning Commission Public Hearing

Draft recommendation. Require a 100 feet setback for the use

and parking and a 200 feet setback for outside private party

areas adjacent to residential and 100 feet adjacent to

commercial area.

Staff recommends a 200 feet setback for the Country Inn use and parking and a 250 feet setback for outside private party areas adjacent to residential (100 feet adjacent to commercial area).


45. §5-642(A)

(4) Location on Site/Dimensional Standards. The Banquet/Event Facility use shall be set back 200 feet from lot lines. Outdoor areas, including parking used for the Banquet/Event Facility use shall be set back a minimum of 500 feet from all property lines. The Board of Supervisors may increase the outdoor area setback in establishing conditions associated with a Minor Special Exception for

A-268


ZONING ORDINANCE

SECTION


Issue 3. Setbacks the Banquet/Event Facility use. (a) The Banquet/Event Facility use shall be setback 100 feet from all lot lines. (b) Parking shall be setback 100 feet from all lot lines. (c) Outside private party areas shall be setback 200 feet from all lot lines or 100 feet from a lot line of a property having a commercial use. Revise the 11/19/2013 Planning Commission Public Hearing Draft recommendation. Require a 100 feet setback for the use and parking and a 200 feet setback for outside private party areas adjacent to residential and 100 feet adjacent to commercial area.

Staff recommends a 200 feet setback for the Banquet/Event Facility Inn use and 300 feet setback for parking and outside private party areas adjacent to residential (100 feet adjacent to commercial area).

A-269


ZONING ORDINANCE

SECTION


Issue 4. Landscaping/Buffering/Screening


46. §5-601(A)

(2) Landscaping/Buffering/Screening. The Bed and Breakfast Homestay shall comply with the landscaping and screening standards of Section 5-653(A) to screen outside private party areas from adjacent properties, regardless the size of adjacent property. Revise the 11/19/2013 Planning Commission Public Hearing

Draft. Require that the use comply with the landscaping and




Staff recommends in addition that any private party areas in an accessory or new buildings/structures (not located within the principal structure) hosted by the B&B Homestay be screened.


47. §5-601 (B)(2)

(c)(2) Landscaping/Buffering/Screening. (i)(a) The use shall comply with the landscaping and screening standards of Section 5-653(A) to screen outside private party areas from adjacent properties, regardless the size of adjacent property. Revise the 11/19/2013 Planning Commission Public Hearing

Draft. Require that the use comply with the landscaping and




Staff recommends in addition that any private party areas in an accessory or new buildings/structures (not located within the principal structure) hosted by the B&B Inn be screened.

Country Inn

48. §5-601 (C)(2)

(d)(2) Landscaping/Buffering/Screening. (i)(a) The use shall comply with the landscaping and screening standards of Section 5-653(A) to screen outside private party areas from adjacent properties, regardless the

Staff recommends in addition that any private party areas in an accessory or new buildings/structures (not located within the principal structure) hosted by the Country Inn be screened.

A-270


ZONING ORDINANCE

SECTION


Issue 4. Landscaping/Buffering/Screening size of adjacent property. Revise the 11/19/2013 Planning Commission Public Hearing

Draft recommendation. Require that the use comply with the

landscaping and screening standards of Section 5-653(A) to

screen outside private party areas from adjacent properties,

regardless the size of adjacent property.


49. §5-642(B)

(D)(B) Landscaping/Buffering/Screening. (1) Buffer. The Banquet/Event Facility use shall comply with the landscaping and screening standards of Section 5-653(A).


A-271


ZONING ORDINANCE

SECTION


Issue 5. Roads/Access


50. §5-601




51. §5-601(B)

(6) Roads/Access. (a) The Bed and Breakfast Inn shall comply with the Road Access Standards in Section 5-654. (b) For any Bed and Breakfast Inn that is not located on a publicly maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the easement may be used to support the establishment. (c) There shall be no more than two points of access for the Bed and Breakfast Inn.


Draft. Eliminate the standard that all entrances and exits to a



5-601(B)(6)(a).


A-272


ZONING ORDINANCE

SECTION


Issue 5. Roads/Access

Country Inn

52. §5-601(C)

(h)(6) Roads/Access. (a) The country inn shall comply with the road access standards in Section 5-654. (b) There shall be no more than two points of access for guests of the cCountry iInn. (c) For any Country Inn that is not located on a publicly maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the easement may be used to support the establishment. Revise the 11/19/2013 Planning Commission Public Hearing

Draft recommendation. Access to be subject to Section 5-654

as provided for in Section 5-601(C)(6)(a). Require a Country

Inn to be located on a publicly maintained road with the same

requirements as a B&B Inn.

Eliminate the standard that all entrances and exits to a publicly

maintained road provide safe ingress and egress. Require

access to be subject to Section 5-654 only per Section 5-

601(B)(6)(a).

Staff recommends requiring a Country Inn to be located on a paved publicly maintained road. [§5-601(C)(6)(c)] Staff recommends retaining the current regulation that states, “Entrances from and exits to publicly maintained roads shall provide safe ingress and egress.” [New §5-601(C)(6)(d)]


53. §5-642(C)

(E)(C) Roads/Access Standards. (1) General Access Standards. A Banquet/Event Facility shall comply with the road access standards of Section 5-654.


A-273


ZONING ORDINANCE

SECTION


Issue 5. Roads/Access (2) Number of Access Points. There shall be no more than two points of access to a publicly maintained road for the Banquet/Event Facility use. This requirement shall not preclude an additional access for emergency vehicles only. (3) For any Banquet/Event Facility that is not located on a publicly maintained road, documentation shall be provided to the Zoning Administrator demonstrating that the easement may be used to support the establishment. Revise the 11/19/2013 Planning Commission Public Hearing

Draft recommendation. Access to be subject to Section 5-654

as provided for in Section 5-601(C)(6)(a). Require a

Banquet/Event Facility to be located on a publicly maintained

road with the same requirements as a B&B Inn and as

proposed for a Country Inn.

Eliminate the standard that all entrances and exits to a publicly

maintained road provide safe ingress and egress. Require

access to be subject to Section 5-654 only per Section 5-

601(B)(6)(a).

Staff recommends requiring a Country Inn to be located on a paved publicly maintained road. [§5-601(C)(6)(c)]


A-274


ZONING ORDINANCE

SECTION


Issue 6. Noise Standard


54. §5-601(A)

(5) Noise. (a) The maximum allowable dB(A) level of impulsive sound emitted from the use, as measured at the property line, shall not exceed 55 dB(A). (b) No music or outdoor private parties shall be permitted between 12 am (midnight) and 7 am. Revise the 11/19/2013 Planning Commission Public Hearing

Draft recommendation. Clarify that noise is associated with

music and outdoor private parties. Expand the hours of music

and private parties.



55. §5-601(B)

(5) Noise. (a) The maximum allowable dB(A) level of impulsive sound emitted from the use, as measured at the property line, shall not exceed 55 dB(A). (b) In addition, no No music or outdoor music outside private parties shall be permitted between 11 pm and 10 am on Friday, Saturday, and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursdayany other day 12 am (midnight) and 7 am.


A-275


ZONING ORDINANCE

SECTION


Issue 6. Noise Standard Revise the 11/19/2013 Planning Commission Public Hearing



and private parties. Country Inn

56. §5-601(C)

(5) Noise. (a) The maximum allowable dB(A) level of impulsive sound emitted from the use, as measured at the property line, shall not exceed 55 dB(A). (b) No music or outdoor music outside private parties shall be permitted between 11 pm and 10 am on Friday, Saturday and any evening preceding a holiday recognized by Loudoun County, and between 10 pm and 10 am on Sunday through Thursday 12 am (midnight) and 7 am. Revise the 11/19/2013 Planning Commission Public Hearing



and private parties.



57. §5-642(A) (A)(1) Hours of Operation. Hours of operation shall be limited to 9:00 a.m. to 12:00 midnight. No issues. This text is included for comparison purposes only.

58. §5-642(F) (H)(F) Noise. A Banquet/Event Facility shall comply with the noise standards of Section 5-652(B) (Noise Standards). No issues. This text is included for comparison purposes only.

A-276


ZONING ORDINANCE

SECTION


7. Size of Use


59. §5-601 (A)(1) (b) Guest Rooms. 1 – 3 guest rooms. No issues. This text is included for comparison purposes only.


60. §5-601 (B)(1)

(a)(b) Guest Rooms. The number of guest rooms shall not exceed 10 rooms. minimum lot area shall be as follows:


Draft recommendation. Allow for 1 to 10 bedrooms on a

minimum of 5 acres.


No. of Guest Rooms

Level I- small scale

5 acres 3-7 rooms

Level II- medium scale

10 acres 8-10 rooms

Staff recommends eliminating this standard and providing the minimum lot size and maximum guest room requirement of 1-7 rooms with a 5 acre minimum and 8-10 rooms with a 10 acre minimum, consistent with current requirements.

61. §5-601 (B)(1)

(c) Lot Area. The minimum lot area shall be 5 acres. Revise the 11/19/2013 Planning Commission Public Hearing

Draft. Guest Rooms and Lot Area as separate requirements.

Staff recommends eliminating this standard and providing the minimum lot size and maximum guest room requirement of 1-7 rooms with a 5 acre minimum and 8-10 rooms with a 10 acre minimum, consistent with current requirements (see line 60).

Country Inn

62. §5-601 (C)(1)



A-277


ZONING ORDINANCE

SECTION


7. Size of Use


63. §5-642(A) (2) Size of Use. The minimum lot area for a Banquet/Event Facility shall be 25 20 acres. No issues. This text is included for comparison purposes only.

A-278


ZONING ORDINANCE

SECTION


Article 8 Definitions (No Issues, Provided for Information Purpose Only)

64. Article 8

Banquet/Event Facility: A use in which the principal function is hosting private parties at which food and beverages are served to groups of people, and which has facilities for the refrigeration and preparation of food, or which provides facilities for food through a caterer. Banquet/Event facilities, held indoors or outdoors, may also be an ancillary component of other uses such as, but not limited to: restaurants, hotels, bed and breakfasts, country inns, rural Rural retreatsRetreats, rural Rural resortsResorts, conference centers and similar uses. Adult entertainment shall not be permitted at a Banquet/Event Facility.

65. Article 8

Bed and Breakfast Homestay: A private owner occupied dwelling in which overnight accommodations are provided to the public. The frequency and volume of paying guests is incidental to the primary use of the property as a private residence.

66. Article 8

Bed and Breakfast Inn(formerly Bed and Breakfast Homestay and Bed and Breakfast Inn): A business operated in one or more structures which are used for providing overnight accommodations to the public and which may include rooms for meetings as well as Banquet/Event Facility(ies) for private parties as an ancillary accessory use.

A-279


ZONING ORDINANCE

SECTION


Article 8 Definitions (No Issues, Provided for Information Purpose Only)

67. Article 8

Country Inn: A business operated in one or more structures which offers overnight accommodations and may contain meeting rooms, dining, and banquetBanquet/event Event facilities Facility(ies) in a predominately rural area. An owner may live on the premises. A Country Inn may include a full-service restaurant for guests and the general public and meeting facilities. A Country Inn may also include a Banquet/Event Facility as an ancillary use.

68. Article 8

Special Event: A temporary commercial or festive activity or promotion at a specific location that is open to the public and is planned or reasonably expected to attract large assemblies of persons. Special events include, but are not limited to, carnivals, festivals, circuses, music fairs or concerts, tent revivals, art shows, crafts shows, rodeos, corn mazes, civil war reenactments, equestrian shows, firework displays and events, or similar events open to the public. In addition, a private party held at a Banquet/Event Facility (including Hotel, Conference Center, Restaurant, Bed and Breakfast, Country Inn, Rural Retreat or Rural Resort or similar facility), Bed and Breakfast Inn, or Country Inn shall not be deemed a special event. A private party which is held at a location other than the foregoing or held on property other than property which is occupied by the host, shall be deemed a special event. “Special event” does not include temporary or seasonal retail sales of goods, products, or services, such as temporary sales of Christmas trees, farm produce, fireworks, and other similar seasonal goods.

A-280

ZOAM 2013-0008, Bed And Breakfast, Country Inn, and ...

Documents

Transcript of ZOAM 2013-0008, Bed And Breakfast, Country Inn, and ...