Subject:
Title
Public Hearing on Five Areas of Proposed Code Amendments: Tree Canopy, Windover Heights Board of Review, Outdoor Dining, Specialized Instruction, and Wireless Facilities
Body
BACKGROUND
On October 26, 2026, the Town Council voted to refer to the Planning Commission five areas of proposed amendments to Chapters 17 and 18 of the Town Code, thereby requesting the Commission’s review and recommendations.
The first step for any topic related to changes in land use standards or procedures is to hold a public hearing. The topics for the public hearing are described below.
PUBLIC HEARING TOPICS
1. Tree Canopy (Chapter 17)
Since 2020, the Town Council, community members, the Conservation and Sustainability Commission (CSC), and staff have been bringing increased attention to the challenge of the declining number of trees in the Vienna town limits. Research showed a 13 percent decline in Vienna’s tree canopy from 2011 to 2021. After many work sessions, meeting agenda items, and public hearings, the Town Council adopted updates to the Town Code within Chapters 17, 18, and 27 on April 29, 2024. Those changes 1) shifted from one approach enabled under Virginia law (15.2-961. Replacement of trees during development process) to another enabled approach (15.2-961.1. Conservation of trees during land development process in localities belonging to a nonattainment area for air quality standards); 2) established procedures for managing the new approach; and 3) established the new Tree Advisory Committee (TAC), as a subcommittee to the CSC but also reporting directly to the Town Council.
In parallel with this initiative, the Town Council has advocated to the Virginia General Assembly for many years for a change to Virginia law, which was finally enacted during the 2026 legislative session. The adopted HB549 now allows the Town to require that canopy coverage limits be reached within 10 years of a development or redevelopment project, rather than the prior 20 years. Fairfax County has had this authority for years. Attachment 01 provides the adopted State legislation.
Attachment 02 shows the proposed amendments to Chapter 17, which would enact in Town code the change that the Commonwealth has enabled. The changes are very simple: they change the number “20” to the number “10” in all the relevant portions of the Town Code. As part of adoption, staff will recommend an effective date of 90 days past the adoption date, to provide time to update the administrative manuals that implement the Town’s tree canopy requirements.
2. Windover Heights Board of Review (Chapter 18)
The proposed amendments are supported by the Windover Heights Board of Review (WHBR) and are shown in Attachment 03. The amendments would affect the identified areas, as follows:
• Landscape review. Allow the WHBR to review landscaping that is part of a project already before the Board, and standalone landscape projects that disturb 2,500 square feet or more.
• Membership. Two changes are proposed here:
1. Replace the Conservation and Sustainability Commission (CSC) member with a resident of the Windover Heights neighborhood (This change is supported by the CSC).
2. Allow the Board of Architectural Review (BAR) and the Planning Commission (PC) to appoint their own members to the WHBR directly rather than continuing to require recommendations to the Town Council, who would then make the appointment. The purpose is to make these appointments more efficient, taking into account that members of the BAR and PC have already been interviewed and appointed by the Town Council. Other commissions and committees, such as the Tree Advocacy Committee (TAC) already function in this manner.
• Meeting procedures. Codify the option to cancel meetings when no application is pending and allow applicants to request optional work sessions.
• Appeals. Consolidate the appeal provisions in one section. On appeal, the Council would review the WHBR’s minutes and decision.
3. Outdoor Dining (Chapter 18)
The proposed change would allow up to eight (8) outdoor dining seats without requiring additional parking. Seats beyond eight would continue to require one space per four seats. The Town Business Liaison Committee (TBLC) has identified making the provision of outdoor seating a priority for restaurants, and parking requirements are often the most significant obstacle. This change may not address all obstacles to outdoor seating but it is a step to making it more straightforward. It would allow businesses to establish outdoor seating without needing to identify the additional one or two parking spaces on site that is currently required in order to be approved. The proposed amendments to §§ 18-335, 18-531, and 18-903 are shown in Attachment 04.
4. Specialized Instruction (Chapter 18)
Specialized Instruction would become a Permitted use instead of a Conditional use in the zones where it is allowed. Since 2024, every new or expanded instruction business (e.g., dance studios, driving schools, etc.) has required a conditional use permit, with review by the Planning Commission and a public hearing before the Board of Zoning Appeals. All have been approved with few changes beyond what staff identified during administrative review.
The existing use standards in § 18-345 would continue to apply. New parking standards in § 18-531 would base required parking on instructors and participants at maximum capacity. They would also allow the Zoning Administrator to require a drop-off plan where a facility mainly serves minors. The proposed amendments to §§ 18-304, 18-305, 18-531, and 18-903 are shown in Attachment 05.
5. Wireless Facilities (Chapter 18)
The proposed changes would create a new regulatory approach to wireless facilities, with the purpose of attracting investment by private providers to upgrade the wireless/cellular service in Vienna.
The Town Council established a priority for 2026 to begin the process of improving wireless/cellular communications in Vienna. The Town Council held a series of work sessions, beginning in May 2026, that identified multiple pathways to achieve this result. One of the key pathways requires changes to the code.
One important component of the proposed code changes is to ensure that the Town of Vienna is in conformance with the requirements of State law (Code of Virginia, Article 7.2. Zoning for Wireless Communications Infrastructure), which is provided as Attachment 06. Other components are specific to Vienna.
Staff and the Town Attorney have worked with the Town Council to develop a draft code that would, among other things:
1. Make any wireless facility of under 50 feet in height a Permitted use;
2. Allow towers/monopolies to be erected in Vienna, as a Conditional Use (they are currently prohibited), under strict regulations that keep the towers from being close to residencies;
3. Maintain the current requirement that all such facilities be reviewed and approved by the Board of Architectural Review; and
4. Allow a temporary support structure of 80 feet or less in height, for less than 30 days, if approved by the Town Manager.
The proposed amendments, as shown in Attachment 07, are in §§ 18-304, 18-305, 18-306, 18-353, 18-841, 18-814, and 18-903.
On November 10, 2026, the Planning Commission will hold a public hearing on all these proposed changes and looks forward to the public input. The public is also invited to submit written testimony. Written testimony already received from members of the public at the time of this agenda report is provided as Attachment 8.
Staff Recommendation
Staff recommend that the Planning Commission hold a public hearing on the five (5) areas of proposed code changes.
Staff also recommend that, once the public has completed providing its input, the Planning Commission discuss the input and the proposed amendments to work towards recommendations on each of these topics.
If the Commission will not complete its review and recommendations at the November 10, 2026, meeting, staff recommend that the Commission consider holding the record open for additional public testimony until December 7, 2026, which would provide sufficient time for the testimony to be included in your packet for the December 14th meeting.
PROPOSED/SUGGESTED MOTION
Recommended Action
“I move to open the public hearing on proposed amendments to the Town Code as reflected in Attachments 02 through 05, and Attachment 07.”
And
“I move to close the public hearing.”
After the Public Hearing has closed, the Planning Commission will have the opportunity to discuss the proposals and the testimony. At that point, potential motions for each proposed set of amendments include:
“I move to recommend adoption of the proposed code revisions reflected in Attachment #__, with the following comments:
_________
_________
_________”
Or
“I move to recommend AGAINST adoption of the proposed code revisions reflected in Attachment #__, with the following comments:
_________
_________
_________”
Or
Other action deemed necessary by the Planning Commission.
ATTACHMENTS
01. HB 549 (2026), as adopted
02. Proposed Revisions to Chapter 17 - Tree Conservation Ordinance
03. Proposed Revisions to Chapter 18 - Windover Heights Board of Review
04. Proposed Revisions to Chapter 18 - Outdoor Dining
05. Proposed Revisions to Chapter 18 - Specialized Instruction
06. Code of Virginia - Article 7.2. Zoning for Wireless Communications
07. Proposed Revisions to Chapter 18 - Wireless Facilities
08. Written Testimony Received To Date (All so far is related to wireless facilities)