Subject:
Title
Discussion of Proposed Zoning Amendments: Windover Heights Board of Review, Tree Conservation, Outdoor Dining, and Specialized Instruction
Body
Purpose:
To receive directional feedback from the Council on four zoning amendments that staff recommend advancing now, and to inform the Council of other code topics staff propose to bring back at a later date.
Key QUESTIONS:
1. Does the Council support referring the amendments of the code related to Tree Conservation to the Planning Commission at the Council’s October 26, 2026, meeting?
2. Does the Council support referring the amendments of the code related to the Windover Heights Board of Review, Outdoor Dining, and Specialized Instruction amendments at the Council’s November 9, 2026, meeting?
3. (If there is time to discuss the matter) Which of the remaining code topics would the Council like staff to bring back first?
BACKGROUND SUMMARY:
The Town's Zoning and Subdivision Ordinances were updated and adopted as a new Chapter 18 on October 23, 2023, effective January 1, 2024. At adoption, the Council recognized the code would need regular updates. About 50 changes were adopted in the following year, and another set early in 2026. Other updates have been adopted related to Accessory Living Units (ALUs) and tree canopy.
The current code can be found at <https://www.viennava.gov/home/showpublisheddocument/4738/638379086972230000>.
Since then, staff have maintained a list of potential amendments for eventual discussion with the Town Council. Such amendments would: 1) respond to changes in State code, which include those that provide new authorities for the Town and those that impose new requirements; 2) clarify and correct the code, based on staff experience in working with customers; and 3) better regulate new and existing uses, again based on staff experience in working with customers.
The full set of current potential changes touches nine articles of Chapter 18 and the Tree Conservation Ordinance in Chapter 17. Presenting all these items in one work session would not allow the focused discussion each item deserves.
Rather than present the full list at once, staff recommend advancing a small number of amendments at a given time, with priority going to items that respond to changes in State law, are narrow in scope, and respond to Council requests. More complex topics would be brought to the Council separately as the schedule allows.
Examples of current complex topics include wireless facilities and outdoor lighting, which have their own trajectories. The wireless facilities amendments are scheduled to be reviewed at the October 26th Town Council meeting, for potential referral to the Planning Commission. Outdoor lighting is scheduled to return for an additional work session on November 16th.
OVERVIEW:
1. Tree Conservation Ordinance (Chapter 17)
This amendment brings the Town's tree conservation requirements in line with the new authority provided under State Code §15.2-961.1. The change in State law allows Vienna to require that developers preserve and/or plant trees in such a manner that their tree canopy will be projected to reach the canopy percentage goals within 10 years, rather than the currently required 20 years. The Town has requested this authority from the State for years and it has finally been granted. Attachment 1 contains the proposed revisions, which are very simple: they change the number 20 to the number 10 where it is relevant.
2. Windover Heights Board of Review (WHBR)
Discussions of changes to certain areas of the code that establishes and dictates the authorities of the Windover Heights Board of Review (WHBR) began when a long-time member of the WHBR, who was the Conservation and Sustainability Commission (CSC) member, questioned whether the CSC still had relevance to the WHBR. This question prompted a review of the overall WHBR code, discussions with the CSC, and multiple work sessions with the WHBR. The proposals described below are supported by the WHBR and are presented in Attachment 2.
The proposed amendments address three areas:
• Landscape review. The WHBR has requested the authority to include review of any landscape project in which 2,500 square feet or more of land disturbance is being proposed, either as a landscape-alone project or landscaping as part of a broader development/redevelopment project. 2,500 square feet is the threshold that the Town uses for development projects being considered major because, under State law, the Town is allowed to consider stormwater impacts.
• Windover Heights Board of Review membership. The amendment covers two main areas:
o Remove the Conservation and Sustainability Commission (CSC) member and replace it with a resident of the Windover Heights neighborhood. There are three origins of this proposed change:
1) As discussed above, the prior CSC member of the WHBR, who served for years in that role, suggested that the CSC no longer seems relevant to the WHBR.
2) The CSC has found it difficult to find a volunteer willing to serve on this board for the multiple-year term, for the same reasons mentioned by the prior member. The current CSC member volunteered with the understanding that there would be a proposed change to the code.
3) There is no current requirement in the code that any of the members of the WHBR be residents of the neighborhood for which the board has responsibility to protect the character. The current membership includes one resident of the Town, one architect, one member of the CSC, one member of the Planning Commission (PC), and one member of the Board of Architectural Review (BAR). At present, of the five current members, two are residents of the neighborhood. Until the recent appointment of Paul Layer, as the architect member, there was only one resident of the neighborhood. All others lived in other parts of the Town. This change would assure that at least one member actually lives in Windover Heights.
o Allow the BAR and PC to appoint their members of the WHBR directly, rather than being appointed by the Town Council after receiving recommendations from the BAR and PC. This approach is consistent with the Town Code’s approach to some other boards and committees in similar circumstances. For example, the PC and CSC both appoint their members of the Tree Advocacy Committee, without requiring Town Council appointment. The primary purposes of this proposed change would be to lessen the workload of the Town Council and to reduce the time in filling vacancies. In addition, these members will already have been interviewed, vetted, and appointed by the Town Council to serve on their respective boards/commissions.
• Meeting procedures. The option to cancel meetings and hold optional work sessions with applicants would be codified, as they are for some other boards/commissions.
3. Outdoor Dining
The proposed change removes the added parking requirement for small outdoor dining areas. If adopted, this change would allow up to eight (8) outdoor seats without requiring additional parking; seats beyond eight would continue at the code-required one space per four seats. This change would make it easier to add a small amount of outdoor seating, balanced against the potential of not requiring up to two additional parking spaces. Considering that many parking lots in Vienna have capacity outside peak hours, staff view this change as business-friendly with low cost.
The Town Business Liaison Committee has identified outdoor seating as a priority for restaurants, and the parking requirements are often the most significant obstacle.
The parking standard is in §18-531 and the definition in §18-903. Staff will add a conforming cross-reference in § 18-335.2.B, which currently states that all permanent outdoor seats count toward required parking.
The other outdoor dining standards in §18-335 would not change.
All proposed code changes are included as Attachment 3.
4. Specialized Instruction
Specialized Instruction would become a permitted use instead of a conditional use. This use category covers instruction in music, drama, sports, science, technology, the performing arts, gaming, and similar activities.
The Specialized Instruction use was created in 2024 as part of the Code Create process. It now requires a conditional use permit (CUP) in every zone where it is allowed. Approval of a CUP application requires review by the Planning Commission, then a public hearing before the Board of Zoning Appeals. Several businesses have completed the process. All were approved, with few changes beyond what staff had already requested during administrative review. For businesses proposing new or expanded uses with little impact, the process has proven onerous without changing the outcome. Recent examples include Clay and Kiln Club, Pitcher’s Edge, and New York School of the Arts. The discussion almost always relates to whether there is sufficient parking and queuing space, for which there are already rules in the base zoning that staff can apply to each circumstance.
If this use returns to Permitted, existing use standards in §18-345 would continue to apply. Classes must 1) be in non-residential facilities, 2) use off-street spaces for drop-off and pick-up, and 3) not impede traffic in the parking area or the public right-of-way. New parking standards in §18-531 would base the amount of required parking on instructors and participants when the facility is at maximum capacity; and allow the Zoning Administrator to require a drop-off plan where a facility mainly serves minors.
All proposed code changes are included as Attachment 4.
Other Items for Future Discussion
Staff has identified other items that need more research, analysis, or policy discussion.
|
Topic |
What it addresses |
Code sections |
|
Faith-based and non-profit affordable housing (SB 388) |
Implements State law effective January 1, 2027, which applies whether or not the Town amends its code. Staff will return with a description and proposed approaches for Vienna. |
Articles 3, 4A, 4B, 5A, 5B, 9 |
|
Yards, setbacks, and fences |
Corner side yards, fence height and measurement, temporary and construction fences. Fence height is scheduled for the November 16 work session, on request of Council Member Anderson. |
§§ 18-206 to 18-210, 18-410 |
|
Building height |
Measuring grade near retaining walls; rooftop pergolas and shade structures; taking grade into account for zoning. |
§ 18-212 |
|
Open space |
Parking lot islands no longer counted toward required open space |
§ 18-214 |
|
Decks, patios, and sight triangles |
Covered deck encroachments, patio setbacks, sight triangle measurement |
§§ 18-215, 18-406, 18-412 |
|
Multi-unit private yards |
Larger open-sided structures such as gazebos |
§ 18-455 |
|
Landscape buffers |
Shrub quantities and planting standards between zones |
§§ 18-464, 18-512, 18-561 |
|
Special Permit process |
A defined codified process for temporary uses. |
§§ 18-303, 18-306; Article 8 |
|
New and revised uses |
Animal care and boarding, indoor and outdoor live entertainment, indoor and outdoor recreation, brewpubs and craft beverage production, mobile food units, short-term rentals, medical facilities, home-based businesses |
Articles 3, 9 |
|
Parking generally |
Overlapping uses, applicant tabulations, other parking table updates. Can be discussed as part of parking work session, currently scheduled for December 14. |
§§ 18-524, 18-531 |
|
Administrative procedures and notice |
Conditional use permit and variance time limits, modifications of requirements, appeal rights, notice requirements |
Article 8 |
|
Definitions and organization |
Grade, gross floor area, fences and walls, relocation of accessory living unit and sign provisions |
Articles 3, 9 |
No action is requested on these items unless Council sees an item they would like to refer to Planning Commission without further work session discussion.
SUMMARY/STAFF IMPRESSIONS:
Staff believe that advancing a few amendments at a time will allow more focused review by the Council, the Planning Commission, and the public. The four items presented tonight are ready, limited in scope, and respond directly to the Tree Advocacy Committee, the Windover Heights Board of Review, the Town Business Liaison Committee, and staff's experience administering the code.
With the Council's support, staff will ask the Council to refer the Tree Conservation amendment to the Planning Commission on October 26, and the remaining three on November 9. After the Planning Commission’s review, Town Council public hearings are anticipated to take place in January 2027.
Staff also propose that the Town Council give guidance to staff on which other topics should be addressed, and in order the Council prefers. If there is not sufficient time for this topic on October 19th, staff can return at a future date for the discussion.
RECOMMENDATION:
Recommended Action
The Council provides directional feedback on the proposed Windover Heights Board of Review, Tree Conservation, Outdoor Dining, and Specialized Instruction amendments, and, if there is time, on the priority of the remaining code topics.
ATTACHMENTS
1. Proposed Revisions to Chapter 17 - Tree Conservation Ordinance
2. Proposed Revisions Related to the Windover Heights Board of Review
3. Proposed Revisions Related to Outdoor Dining (§§ 18-335, 18-531, 18-903)
4. Proposed Revisions Related to Specialized Instruction (§§ 18-304, 18-305, 18-531, 18-903)