Table of Contents

Content-Neutral Sign Regulation

The county's zoning code includes sign regulations amended in response to the U.S. Supreme Court's decision in Reed v. Town of Gilbert (Article 7). These regulations distinguish between on- and off-premises signs and define warning signs based on content; however, they acknowledge these exceptions to strict content neutrality as serving a "compelling governmental interest."

Inclusionary Housing

The county addresses inclusionary housing through an affordable dwelling unit program in its zoning ordinance (§5101). The program applies to developments creating more than 50 dwelling units; units must be affordable to households making 70 percent or less of area median income. Affordability requirements range from five to 12.5 percent, depending on the type and size of project; allowable additional density depends on the number of units made affordable.  A sliding scale requirement table and example calculations for a mixed dwelling unit development is also provided.

The code provides detailed information on calculating additional density allotments for different project types. It also addresses inclusionary requirements for condominium developments. It provides for the development of specifications for prototype affordable units and addresses administration of for-sale and rental affordable units. It also addresses covenants, affordability, and pricing requirements, as well as occupancy requirements; new units require a 30-year affordability restriction. The code also establishes an Affordable Dwelling Unit Advisory Board that helps set sales and rental prices and can modify the program.

Outdoor Lighting

The county’s zoning ordinance addresses outdoor lighting standards in its section on performance standards (§5109). Adopted in 2003, the code’s intent is to reduce the impacts of glare, light trespass and overlighting; promote safety and security; and encourage energy conservation. It emphasizes reducing glare by requiring full cut-off lighting fixtures. The code provides a number of general design standards for outdoor lighting, as well as lighting standards and plan/permit requirements for certain uses: service stations, outdoor display areas for vehicle sales, and outdoor recreation and sports facilities. It lists exemptions.

The county also produced an illustrated guide to the outdoor lighting standards in 2003 to help residents meet requirements.

Short-Term Residential Rentals

The county addresses short-term residential rentals in its zoning ordinance. In a 2018 ordinance, the county defines “short-term lodging” (§9103).

It is regulated as an accessory use to dwellings or mobile homes with a permit from the zoning administrator, subject to standards (§4102.7.N).

Standards for units address inspection requirements, safety equipment, and parking; standards for operators address permanent residency requirements and contact information. Use limitations address maximum number of rental nights, maximum number of lodgers, advertisements, guest log, and unit type restrictions. The code notes that a two-year permit is required with a filing fee of $200.

Transit-Oriented Development

The county’s zoning code includes a floating planned development district for an area around four heavy rail transit stations (§2105.6). The PTC Planned Tysons Corner Urban District designates areas within one-half mile of Metro Rail stations as transit-oriented development (TOD) districts with higher permissible intensities. The vision for the PTC district is a new pedestrian-friendly downtown for the county. The minimum parcel size for rezoning is 10 acres.

Food Systems | Urban Livestock

The county's zoning code addresses limitations on the keeping of animals (§4102.7.J). Livestock- and domestic fowl-keeping are allowed as an accessory use of one “animal unit” or “bird unit” per acre on any lot of 2 or more acres. The code sets definitions for animal and bird units for all livestock types (e.g., 5 goats = 1 animal unit, 32 chickens = 1 bird unit). Honeybees in 4 or fewer beehives are allowed as an accessory use on any lot; more than 4 hives may be kept on lots larger than 10,000 SF. Standards address water sources and flight path barriers.

A county website provides residents with information on backyard chickens, including information on obtaining a special permit to keep chickens on lots smaller than 2 acres.