ZOR Review – Frequently Asked Questions (FAQs)
PREP REVIEW for August 30th PLANNING COMMISSION PUBLIC HEARING
August 30-2022 Planning Commission Public Hearing PREPARATION
County Staff has provided links to the proposed text updates for the portions of the Loudoun County Zoning Ordinance to be reviewed at the August 30, 2022 Planning Commission public hearing. The document links below include the “clean” version of the proposed text as well as the “redline” version, which illustrates the revisions made to the draft text between April and August 2022.
- Proposed draft rewritten Zoning Ordinance text (clean version) (PDF)
- Redline version changes between the April 2022 draft and the August 2022 draft (PDF)
These documents will enable reviewers to compare their 90-day input comments to the proposed draft text, determine what was addressed versus not addressed, and prepare public hearing comments.
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GO BACK TO ZOR PUBLIC POSTING PAGE
WHAT’S NEXT: For County Staff, Citizens & Organizations and How to Stay Engaged
What’s Next from County Staff? |
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What’s Next for Citizens & Organizations? |
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How to Stay Engaged? |
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What you can do by Monday July 18th? |
Please consider sharing a copy of your comments for the ZOR Public Posting Page. NOTE: The General Form does allow you to receive an email copy of your comments (see box at the bottom of the form). |
GO BACK TO ZOR PUBLIC POSTING PAGE
WHO, WHAT, WHERE, WHEN, HOW, WHY?
The ZOR Review Resources webpage has now been updated to include the SHARED COMMENTS to assist those who have struggled with time or the task of making comments.
| WHO should comment? | Individuals and organizations. |
| WHAT YOU CAN DO | Think of all the SHARED COMMENTS as the “cliff notes” from your organizations and area neighbors to use to make your own comments.
SHARED COMMENTS are those submitted in 2020-2022 that have “Not Been Addressed” in the current draft text. These are recommended comments for Round 3 Public Input to give them one last try. The SHARED COMMENTS files also show what prior comments were “Addressed” in the current draft (thank you, County Staff!). |
| WHERE can I find the Shared Comments? | The SHARED COMMENTS are posted here for facilitated public access: 2022 Zoning Ordinance Review Resources |
| WHEN should I comment? | NOW. The Round 3 Public Input ends on Monday July 18th. |
| HOW do I select and enter comments? | 1. Go to the ZOR Review Resources webpage 2. Select the topic(s) you care about most. 3. For each topic use the SHARED COMMENTS files to select comments you agree with and want to reinforce. 4. Select your comment input method from one of the three ways the County has provided: a. Online Comment Box – to comment on specific sections (direct links provided) 5. Enter your comments (edit as needed) and press submit! |
| WHY should I do this work? | The County has changed a lot since the current zoning ordinance created in 1993, including completing a new Comprehensive Plan three years ago. The Zoning Ordinance Rewrite has been a project since that time, and is nearing its final stages this year.
At the week 6 halfway point, there were only 195 comments received – from a county with over 400,000 people. As of today, there are only 350 comments (per ZOR Staff), with many more expected from the economic/business sectors by July 18th. Staff is ASKING to hear from the Residential, Environmental/Historic and non-development business stakeholders to ensure a balanced zoning ordinance will match the Vision of Loudoun County: While appreciating and acknowledging our rich history, Loudoun County strives to be a prosperous, inclusive, equitable and sustainable community where residents feel free to live, work, learn and play. |
GO BACK TO ZOR RESOURCES PAGE
3 WAYS TO MAKE COMMENTS – CLICK HERE
After completing your Plan, Schedule, Review/Comparison, you can make your Comment(s) in one of the following ways:
1. Using the online COMMENT Box tool (until July 18th). This provides a “comment box” for every section of the draft text for those who want to make specific, detailed comments.
2. Using the online general form. This may be best for citizens who have a few general comments and/or do not want to use the text comments boxes.
3. Email comments to ZOrewrite@loudoun.gov and DPZ@loudoun.gov. This may be best for group/organization “white papers” and submitting photos, case data, evidence or other supporting documentation as attachments.
THINGS TO KNOW ABOUT MAKING ZOR COMMENTS – CLICK HERE
| MAKING YOUR COMMENTS | |
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After completing your review and selecting what you care about, you can make your Comment(s) in one of the following three ways:
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1. Using the online COMMENT Box tool (until July 18th). This provides a “comment box” for every section of the draft text for those who want to make specific, detailed comments. You will need to know the chapter/section number reference to match your comment.
2. Using the online general form. This may be best for citizens who have a few general comments and/or do not want to use the text comments boxes. You will need to know the category reference (i.e., Chapter) to match your comment. 3. Email comments to Staff at ZOrewrite@loudoun.gov. This may be best for group/organization “white papers” and/or submitting photos, case data, evidence or other supporting documentation as attachments to your comments. |
| Be sure to SHARE your comments with your organizations, neighbors, HOA, etc. to assist and reinforce comments in common. The SHARED COMMENTS files will be updated through July 15th. | |
| THINGS TO KNOW ABOUT MAKING COMMENTS | |
| Will I be able to print and/or keep the comments I enter directly online?
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NO! After you press submit online comment you will not receive a copy of your comments. TO RETAIN A COPY OF YOUR COMMENTS: – DRAFT your comments in a software/format you can keep (email, word, or excel). An easy template to use can be found HERE. – You can SUBMIT COMMENTS one Section at a time in the Comment Boxes, or by Chapter on the General Form. |
| Is there a tutorial for how to enter my comments on the County online ZOR tool? | Yes, County Staff has created a video tutorial located HERE. |
| What if I have the exact same comment from 2020/2021 public input because my issue was not addressed in the current draft text?
Can I resubmit my comment or comments made by others? |
Yes. Any and all public comments previously submitted that were Not Addressed in the draft text can be resubmitted during the 90-day public input review.
You can actually cut and paste the prior input directly into the online Comment Box or online general form, then edit to reflect your current view(s). |
| Is there a limit to the amount of text I can enter in the COMMENT BOX? | Although the COMMENT box appears small it can hold much more than it looks! (Actually, pages of information). |
| I’m trying, but what can I do if I’m still stuck? | Reach out for a quick 5-10 minute “prep-talk” for you, your group, or your organization.
Three other ideas for submitting online comments: And – don’t forget – you can always use the email to ZOrewrite@loudoun.gov comment input method instead of the online tools. There’s a method for everyone! |
GO BACK TO ZOR RESOURCES PAGE
HOW TO GET STARTED
I need help getting started! |
No problem. BEFORE you begin commenting I recommend the following steps: |
1. PLAN |
Plan your review. There is no right or wrong way to plan your review. Consider ways to start:
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2. SCHEDULE |
Schedule your review. As I did for 12 weeks (90-days), you can pick a topic a week to find at least one thing a week to comment on to ZOR Staff. Tackling subjects in a manageable schedule is your goal, not to burn yourself out (believe me!)The Frequently Asked Questions page has all the summaries from my letters all in one place so you can refresh your memory as you schedule time for your public input between now and July 2022. |
3. READ |
Read the draft text sections per your schedule (see guidelines for comments below). As mentioned in Week 10, all the text looks new, but without “red-line” (track change) versions it’s not easy to see what has remained the same. Red-line text is available for some chapters/sections, but they may not be easy to find. You can find draft text for some sections on the ZOR RESOURCE Review page under the “DRAFT TEXT Reviewed by ZOC” column. Or send an email to ZOrewrite@loudoun.gov requesting redlines be added to the ZOR Public Input page. |
4. REVIEW/COMPARE |
For each section, Review the past public input provided to Compare whether Staff incorporated your Round 1 and Round 2 public input. The ZOR RESOURCES for Review page has all the links to
TIP: Keep track of input discrepancies your find in your review. You can save yourself time by cutting and pasting prior public input directly into the draft text Comment box. (see below). |
GUIDELINES FOR COMMENTS |
Use your Review/Compare summary to determine if the April draft text has addressed/resolved your concern based on prior input.
If your issues remain unresolved, make comments with the following guidelines:
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What if I have the exact same comment from 2020 or 2021 public input because my issue was not addressed in the current draft text? Can I resubmit my comment or comments made by others? |
Yes. Any and all public comments previously submitted between 2020 to 2022 can be reinforced during the 90-day public input review.
Instead of retyping, you can actually cut and paste the prior input directly into the online Comment Box. |
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Will I be able to print and/or keep the comments I enter directly online?
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No! After you press submit you will not receive a copy of your comments. TO RETAIN A COPY OF YOUR COMMENTS:
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5. COMMENT |
After completing your review/comparison, make your Comment(s) in one of the following ways:
1. Using the online COMMENT Box tool (until July 18th). This provides a “comment box” for every section of the draft text for those who want to make specific, detailed comments. 2. Using the online general form. This may be best for citizens who have a few general comments and/or do not want to use the text comments boxes. 3. Email comments to ZOrewrite@loudoun.gov and DPZ@loudoun.gov. This may be best for group/organization “white papers” and submitting photos, case data, evidence or other supporting documentation as attachments. |
6. SHARE |
Be sure to SHARE your comments with your organizations, neighbors, HOA, etc. to assist and reinforce comments in common. |
THINGS TO KNOW |
About Making Comments |
| Is there a limit to the amount of text I can enter in the COMMENT BOX? | Although the COMMENT box appears small it can hold much more than it looks! (Actually, pages of information). You only need to open a new comment box for each new separate SECTION. |
| Is there a tutorial for how to enter my comments on the County online ZOR tool? | Yes, County Staff has created a tutorial located HERE. |
| I only have general comments and I’m not keen on entering comments by section in the little box. Is there another way to submit online comments? | Yes, you can submit general comments online HERE to be sure they are properly captured and logged as public input. |
| Is there a way to PRINT the ZOR draft text to my printer or save to a .pdf file? | Yes. On the COMMENT page look for the printer icon at the top left of the panel with the banner “NEW ZONING ORDINANCE” (to the right of the table of contents panel).
Click on the printer icon and you can select what chapters/sections you wish to print or save as a pdf file. |
I’m trying, but what can I do if I’m still stuck? |
Reach out for a “prep-talk” for you, your group, or your organization, and I’ll give you a leg up on how to find and comment on what’s important to you. |
GO BACK TO ZOR RESOURCES PAGE
WEEK 1 — ZOR Resource Review Overview FAQs
| Do I have to review ALL the documents listed? | It is not required to review all the documents. However, the April 2022 90-day public review draft text will contain all the sections for comment. Reviewing at some level will be helpful prior to the 90-day review. |
| Do I need to review the draft text in order? | The ZOR draft text can be reviewed in any order, based on your interest area and/or expertise. |
| Do I need to read the entire draft text? | No, focus on what matters to you/your organization most. This may assist and expedite identifying areas for the 90-day Draft Task input. |
| Would it be helpful to review the ZOC questions and Staff response comments? | From 2019 to 2021 literally hundreds of hours have been spent by organizations and individuals throughout the county to provide input to Staff, which you can review here. Reviewing the questions and issues raised during text review by the Zoning Ordinance Committee, and the resulting comment received from Staff, may help you identify your areas of concern to monitor before the 90-day text review period begins. |
| Where did all these documents come from? | All documents posted are public information, either distributed by or provided to County Staff. They are also all posted on the County ZOR webpage on LOLA (Loudoun Online Land Application) and the Zoning Ordinance Committee webpage. This resource page is being hosted by LCPCC for facilitated public access, and consolidates the information in a general public-friendly format. |
| Do the Staff Comments documents include questions from all ZOC members and public input received to date? | No. They reflect the questions entered by ZOC members in the new ZO software, enCodePlus. You can review other ZOC input/questions and public input on the ZOR page on ZOR page on LOLA here. |
| How to I find specific zoning ordinance sections I’m concerned about or want to monitor more closely? | The DRAFT ZOR Table of Contents under “ZOR Resources” provides a list of all the sections. This may help select document sections to review to document your priority issues to watch. You can access the Table of Contents document here. |
| How will we provide input during the April 90-day review period? | Staff will be conducting information sessions in late April to address how input will be require. Staff has indicated previously that input will be via the new enCodePlus software. You can view / sample that software with the CURRENT Zoning Ordinance here. |
| Will Staff stop taking input at a specific time? | ZOR Staff has indicated that input can and will be accepted through the end of the 90-day draft text review period beginning in April 2022. When that is completed, then the Zoning Ordinance Rewrite project will be sent to the Planning Commission for their work sessions and review. |
| Will citizens have the opportunity to send comments after the 90-day review period? | Yes. Input/comments can be sent to the Planning Commission during their review (mid-2022), and then to the Board of Supervisors when they begin their review (est. for late 2022). |
| What is the overall timeline for the Zoning Ordinance Rewrite? | You can keep track of the overall timeline by checking the ZOR “Project Milestones” tab on the County website here. |
| This looks like a lot of work! What if I do not have time? | Yes, it’s a lot of work that can either be done in smaller chunks, or wait for the 90-day comment period.
Two options to get a jump on your review: 1) pick out and focus on the sections/topics you are concerned about most, 2) see if a colleague or neighbor may have more time to provide input. |
WEEK 2 — ZOR Review “Biggest Changes” FAQs
| Actual Week 1 response/question:
“OMG !? |
Well. Yes. Review and providing input for a Zoning Ordinance Rewrite that has not been done in full since 1993 is “mind blowing.” A primary reason for not waiting until April to “cram.” |
| What is the biggest change from the current zoning ordinance to the new rewrite? | The current (1993) zoning ordinance is a 1004 page .pdf document, which was converted to a new online version in 2020. It is the new “enCodePlus” online version that has been edited to become the Zoning Ordinance Rewrite version currently in draft text review. |
| What are the biggest changes for USES in the new zoning ordinance? | The current zoning ordinance had tables for USES for EACH separate district, requiring a user to search multiple tables across 1004 pages. The ZOR version consolidates all USE tables into one Chapter, separated by district area in the county and by use type. |
| The new USE tables have different names for districts and acronyms. Where do I find how they relate to the current districts in the County? | Staff has developed a zoning district “crosswalk” (a.k.a. “cheat sheet”/legend) to show how the new district names and acronyms map to the old districts. |
| How should Organization Points of Contact (Org POCs) use this information? | In addition to the resources being used by residents as “Basic Training.” Org POCs can use it as “Train the Trainer” material to assist their membership, HOA, neighbors, etc. |
WEEK 3 — ZOAM-2018-0001 – Short Term Residential Rentals FAQs
| What do organizations and residents need to understand about the Short Term Rentals ZOAM-2018-0001? | Mainly, the zoning ordinance amendment (ZOAM) for Short Term Residential Rentals (STRR) and Commercial Whole House (CWH) Rentals recommends new regulations for all areas of the county.
These type uses are not currently permitted in the county, although per County Staff, zoning complaints for violations are on hold until this ZOAM is implemented. |
| Is this part of the Zoning Ordinance Rewrite? | It is a parallel effort with the Zoning Ordinance Rewrite (ZOR) to provide additional focus and community outreach that will be incorporated in ZOR when completed. |
| What’s the difference between “STRR” and “CWH” rentals? | First, what is in common is that they both refer to short-term rentals defined as fewer than 30 consecutive days (i.e., not rental leases longer than 30 days).
STR – Residential Accessory refers to renting a portion of a house or accessory dwelling for less than 30 consecutive days, for no more than 180 days per calendar year. (Compare to Airbnb and VRBO.) STR – Commercial Whole-house refers to renting a non-owner-occupied single family detached house or accessory dwelling for less than 30 consecutive days, with no days per calendar year restrictions. (Compare to vacation whole-house rentals at the beach, lake, mountains, etc.) |
| What regulations are included in the draft text? | The ZOAM helps to define where short-term rentals are allowed, and how they relate to homeowner associations with bylaws.
The ZOAM also defines the quantity of overnight guests, fire safety, parking, restriction on food service, private parties, and special events for the protection of adjacent properties and neighborhoods. Commercial Whole House also requires a parcel of 5 acres or more to have more than 8 guests and a maximum of 10 guests per parcel per night. |
| How can I provide input on this ZOAM for my organization or myself? | The first step is to review County Staff’s current draft text.
The options for providing your comments include: 1. Community meetings being conducted by Staff in January and February for stakeholder organizations. Check with your organization leaders for a meeting for your group(s). 2. Orgs and residents can provide written public input to the Zoning Ordinance Committee for wide distribution and discussion. (Email to: zorewrite@loudoun.gov.) 3. Per Staff’s First Qtr 2022 workplan, residents will also be able to provide comments during Planning Commission public hearing in Second Qtr 2022 and/or to the Board of Supervisors planned for Third Qtr 2022. 4. If you do not attend a public community meeting and would like to submit comments directly to Staff sooner than public hearings, you can submit comments directly on LOLA here in the “Citizen Comments” box. |
| Is there a way I can provide comments now instead of waiting for the public hearings later in the year?
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You have several options to send written comments if you cannot attend a public meeting. First review County Staff’s current draft text to find section number(s) that relate to your comment or question, then:
1. Residents and Org points of contact can provide written public input to the Zoning Ordinance Committee for wide distribution and discussion. (Email to: zorewrite@loudoun.gov.) 2. If you would like to submit comments directly to Staff sooner than public hearings, you can submit comments directly on LOLA here in the “Citizen Comments” box. |
WEEK 4 — ZOR Table of Contents “Cheat Sheet” FAQs
| Honestly, this is a lot to digest. Do you have any tips for how I can focus on what matters to my family, HOA/neighborhood or organization? | Great question. To focus your review first determine what you care about most, perhaps starting with
Residential concerns Business concerns Environmental/Historic concerns Then use the “Cheat Sheet” below to locate the Chapter you may want to review on the RESOURCE PAGE. |
Zoning Ordinance Rewrite Table of Contents “Cheat Sheet”
| RESIDENTIAL | BUSINESS | ENVIRONMENTAL/HISTORIC |
| Urban, Suburban, Transition, Rural areas Ch. 2: Zoning Districts |
Urban, Suburban, Transition, Rural areas & Planned Development Ch. 2: Zoning Districts |
Open space, bike & trails in each zoning district Ch. 2: Zoning Districts |
| Residential uses & Lodging Ch. 3: Uses & Use Standards |
Commercial uses, Lodging, Industrial, Infrastructure Ch. 3: Uses & Use Standards |
Lodging for tourism/farm workers, Agricultural, Public/Civic Ch. 3: Uses & Use Standards |
| Mountainside, Village Conservation, Floodplain protection, Open Space Ch. 4: Overlay Districts |
Airport, Floodplain, Mountainside, Limestone building restrictions Ch. 4: Overlay Districts |
Floodplain, Mountainside, Limestone, Village Conservation, Open Space Ch. 4: Overlay Districts |
| Residential Parking, Landscaping & buffering, Building Site requirements, Ch. 5: Development Standards |
Business Parking, Landscaping & buffering, Building Site requirements, Ch. 5: Development Standards |
Natural & environmental, trees, Adaptive Reuse Ch. 5: Development Standards |
| Signs throughout county, HOA compatibility Ch. 6: Signs |
Signs for business uses Ch. 6: Signs |
Signs for agricultural & historic uses Ch. 6: Signs |
| Permit processes, enforcement & violations Ch. 7: Procedures & Enforcement |
Permit processes, enforcement & violations Ch. 7: Procedures & Enforcement |
Permit processes, enforcement & violations Ch. 7: Procedures & Enforcement |
| Affordable housing development locations Ch. 8: Attainable Housing |
Developer requirements for Affordable Dwelling Units (ADUs) Ch. 8: Attainable Housing |
Affordable housing development locations Ch. 8: Attainable Housing |
WEEK 5 — What’s the Purpose and Relevance of the Zoning Ordinance Rewrite?
The questions received this week were a good reminder that it’s sometimes good to go back to the basics. Understanding the purpose and intent of zoning is important to understand compliance and enforcement — topics for a future week.
| What’s the difference between the Comprehensive Plan and the Zoning Ordinance? | While the Comprehensive Plan details policies, strategies and actions, the Zoning Ordinance codes are the laws that apply in the County to developers, businesses, residents – basically everyone! |
| My neighbors / HOA / org members think zoning ordinances are mainly for developers and businesses.
How do I explain the relevance of the zoning ordinance rewrite to my neighbors, HOA or organization? |
The Loudoun Zoning Ordinance outlines the goals, purpose and intent in Section 1-102: The Zoning Ordinance is enacted to promote the health, safety and welfare of the residents of Loudoun County and to implement the Comprehensive Plan.
The zoning ordinance lists 14 points describing what the Ordinance is designed to do countywide, which can be shared with your neighbors/HOA or organization to explain the relevance to your interests: A. Guide orderly growth deemed beneficial to the welfare of people |
| I’m retired / no longer on the Board of my org, so I don’t have to do any of this, right? | Preparation before the 90-day Zoning Ordinance Rewrite draft text review is totally up to you. Feel free to share the Resource page link with others in your neighborhood or organization who you think might have the time and interest. (Sign up here) |
| Last week you provided direct links to the online Citizen Comments page for the Short Term Rentals ZOAM.
Are there also direct links to the online Citizen Comments boxes for the Zoning Ordinance Rewrite? |
Yes. At any time you can provide your direct input as an individual or organization point of contact instead of waiting until 2nd quarter. Staff does request a reference to the Section number (or at a minimum the Chapter) to best address the comment or question. DIRECT LINK TO online Zoning Ordinance Rewrite Citizen’s Comments |
WEEK 6 — ZOAM-2020-0002 – Prime Soils / Cluster Subdivision FAQs
PLEASE NOTE: This is an important topic for residents throughout the county that includes frequently asked questions received over the past 2 ½ years, versus just the past few weeks. The information will provide background and how this ZOAM may impact open space and farmland in western Loudoun, future tax bills countywide, and conservation easements
WEEK 7 — CHAPTER 2 – What my Zoning District? FAQs
This is a timely topic after all the recent redistricting discussions — at the county, state, and federal level — to comply with the 2020 Census results. There is another “redistricting” that will be impacted by the Zoning Ordinance Rewrite.
WEEK 7“What’s my District?” |
Chapter 2: ZONING DISTRICTSLet’s first clarify “What district.” The “districts” related to where you live include: 1. Magisterial District (a.k.a. your elected Loudoun Supervisor & School Board representatives) You can determine districts and elected representatives by entering your address in the “Search by Address” tab on the Loudoun Mapping app “My Elected Representatives Map.” [TIP: Save this link to check your district updates later in the year.] The district you need to know for the Zoning Ordinance Rewrite is: |
| Why do I need to know my Zoning District? | As you review the ZOR Resources page and documents to prepare for the 90-day public review period (April), you will need to know your district to review the permitted uses and regulations that apply to your location. |
| Will my current Zoning District change when the Zoning Ordinance Rewrite is finalized (est. 4Q2022)? | Most likely, yes, either with a change of name and/or change of boundary. [For those who are really curious how the proposed changes were determined, you can read the ZOR consultant report.] |
| How do I determine my CURRENT Zoning District? | There’s a different Loudoun Mapping app where you can enter your address to determine your CURRENT ZONING DISTRICT. [Note: This link will likely be updated with the new Zoning Districts when finalized.] |
| In the meantime, how do I determine my proposed NEW Zoning District? | For those who would like the “cheat sheet” version to determine your new zoning district, you can check the ZOR Staff Zoning District Current to Proposed “Crosswalk” (a.k.a. legend) document. |
| That explains a lot, but while you’re at it, can you tell me what “Policy Areas,” “Planning Sub-Areas,” and “Place Types” are and how they fit with Zoning Districts? | Good thing I like puzzles. Here’s how they “fit” together:
– Policy Areas were defined in the 2019 Comp Plan and consist of the Urban, Suburban, Transition, Rural and Joint Land Management Areas (JLMAs). Map found here. – Planning Subareas are the next level, comprised of ten (10) areas that have been used since 1995 primarily for fiscal and capital planning. The Planning Subarea map app is here. – Place Types were also defined in the 2019 Comp Plan and are groupings of one or more Zoning Districts that “define the expected land uses for areas in the County with visually distinctive and functional design features.” The Place Types map app is here. |
WEEK 8 — CHAPTER 3 – What USES will be allowed in my area? Use Tables FAQs
After seven weeks of overview, we now have about 4 to 6 weeks to get prepped before the April ZOR draft text is released. My goal in the next few weeks is to balance providing a “deeper dive” for each chapter without being as “dull as dirt.” Last week highlighted Chapter 2: Your Zoning District. This week will focus Chapter 3: How to review what Uses will be allowed in your area. This will be Part I of Uses, with Part II addressed with “Enforcement” in a future week.
WEEK 8 |
USES MATRIX (PART I – Overview) |
| What is the “biggest” change for Uses in the Zoning Ordinance Rewrite? | Instead of having long “Use lists” zoning district by district scattered throughout the zoning ordinance, there will be ONE Use Table in Chapter 3. The Use Table will be organized by the following levels:
– By Policy Area (i.e., Urban/Suburban, Transition, Rural, JLMA) – Use Classification (i.e., broad categories based on industry types) – Use Category (i.e., major sub-groups) – Use |
| Are the new ZOR Use tables final? | Not yet. They were reviewed in May and June 2021 by the Zoning Ordinance Committee (ZOC) and may be further revised by Staff before the April final draft text.
YOUR input will also determine the final table that will move on to the Planning Commission in 3Q2022. You can get a general idea of the “look and feel” of the new Use Tables starting on page 5 here. |
| What are the primary changes from the current zoning ordinance? | Use updates (a.k.a., a little “dull as dirt” info) include:
– Adding uses in some zoning districts, – Removing uses in certain districts not envisioned by the 2019 GP, and – Changing the permissibility of some uses (see below) The majority of updates to Uses were made to be in synch with the 2019 Comprehensive Plan that outlined “Core,” “Complementary,” and “Conditional” Uses in all geographic areas of the County. |
| What do “Core, Complementary and Conditional Uses” mean? | Week 7 mentioned “Place Types” that have been defined in the 2019 Comp Plan and are intended to determine the development and “expected land USES” throughout the county (p. 31).
Each Place Type outlines “Core” uses (generally permitted), “Complementary” uses (permitted or minor standards), and “Conditional” uses, which will have to comply with Use-Specific Standards. · KEY POINT: In addition to where uses are allowed and their general regulations, the Use-Specific Standards are what will in many instances determine the level of enforcement for a Use. (This will be covered in a future week for Chapter 3 — Uses Part II, so stay tuned.) |
| What do all those “P’s,” “M’s,” and “S’s” in the table mean? | They indicate the “permissibility” levels of Uses (i.e., which uses are allowed in each Policy Area and Zoning District*):
– “P” indicates that a Use Category or specific Use Type is Permitted by-right in the zoning district that only receive “administrative approval review” by Staff — subject to compliance with regulations and additional Use-Specific Standards (Sec. 3.06). – “M” indicates that a Use Type may be permitted in a zoning district by the Board of Supervisors as a Minor Special Exception and may be subject to conditions outlined in Sec. 7.09 (which has not been released yet for review). – “S” indicates that a Use Type may be permitted in the zoning district by the Board of Supervisors as a Special Exception and may be subject to conditions in accordance with the procedures outlined in Sec. 7.09. – “P/S,” “P/M,” “M/S”: In some cases, a Use may have a different permission level if it meets certain conditions and Use-Specific Standards. – BLANK cell: A blank cell indicates that the Use is NOT permitted in the zoning district. |
| What are all the acronyms across the top of the Use Table? | Those are all the Zoning Districts* – the topic highlighted in my Week 7 letter. (*Yes, that’s why I provided the maps and links to help you figure out your Zoning District. You can refresh your memory viewing the Week 7 FAQs.) |
| Where can/will I find the Use definitions? | You can review a DRAFT of the definitions here starting on page 21, with the knowledge they may be updated. What’s great is we’ve been told the new zoning ordinance software, enCodePlus, will have direct links to all the definitions that will appear as a “pop-up” for quick review.
A few things to note about Use definitions (a bit more “dull as dirt” info): – Some Uses have been collapsed or renamed from the current zoning. – Many definitions were “carried forward,” meaning there have been no changes made from the current zoning ordinance, (which is a good reason for a ZOR review). – Others were updated to be in line with the North American Industry Classification manual (NAICS). |
| Do I REALLY need to review the WHOLE Use Table list when it’s released? | No. What would be most helpful (and representative for the County) would be for you to review the Use Table Policy Area (Urban, Suburban, Transition or Rural) where you live or work and the Use Classification and Categories you are most familiar with.
The goal is to have input across the whole county (and as my grandmother used to say, “Many hands make light work”). |
Empty section. Edit page to add content here.
Ch. 3 — USE-SPECIFIC STANDARDS Hot Topics for 90-day public review
CHAPTER 3 – PART II |
USE SPECIFIC STANDARDS |
| What’s types of regulations are missing or inconsistent across different Uses? | The types of Use-specific Standards that are missing or inconsistent across Uses (without regard for business type) include: Minimum acres, hours of operation, noise, lighting, yard & road setbacks, landscaping & buffering, parking, road access, and quantity of events permitted. |
| Why are there missing or inconsistent regulations? How did that happen? | Many Use regulations were created as “one-off” (one at a time) Zoning Ordinance Amendments (ZOAMs) over the past 20 years, which created a great deal of inconsistency in regulations and performance standards and some public safety issues.
The ZOR Consultant’s Zoning Audit report observed that Use regulations are scattered throughout the current zoning ordinance. This is being addressed via ZOR by consolidating Uses throughout the county into Chapter 3. |
| What’s an example of how inconsistent regulations can be harmful for businesses?? | Let’s use lodging uses as an example. The purpose ZOR and the new Short Term Rentals ZOAM is to create a level playing field for a portfolio of lodging options and businesses throughout the county – from Short Term Rentals on one end, Bed & Breakfast’s in the middle, motels and hotels throughout the county on the other end.
Without consistent, scaled-intensity performance standards, STRR’s could “cannibalize” other business lodging that must comply with stricter regulations (i.e., draw customers from B&B’s), putting some B&B’s at risk. Without regulations, STRRs could also put guests and adjacent residents at risk (i.e., fire safety, traffic, noise impacts, etc.) A similar “portfolio” business review can be applied to tourism low to high-intensity uses, and small vs. large commercial business location uses. |
| What’s an example of a public safety issue? | An example of a public safety issue relates to the permitting of “agricultural” buildings that become event venues or “tasting rooms.” The “Ag barns or buildings” for these uses that host large numbers of patrons are exempt from building code permits, do not require electrical, plumbing, fire safety inspections, and are not monitored by the State Office Drinking Water or Health Department inspections unless a bathroom or kitchen are applied for. |
|
I heard there was zoning draft text removed last September after some stakeholders complained.
What happened, what did the text include, and what was the outcome? |
What happened:
That needs a little background. [Note: See “Policy decisions, discussion summaries and transcripts” here for emails and transcripts.] – Prior to being released last August, draft text was leaked to external stakeholder groups and county agencies who found the text objectionable. The Stakeholder groups requested meetings with Supervisors to complain and request the text be deleted. – The day the text was discussed at ZOC (9/15/21) the former Planning & Zoning Director stated the text would be removed from the Staff draft to be released in April 2022. Draft text removed: The deleted draft text can be reviewed here. The draft text provided guidelines for event quantities, size and parking requirements for high-intensity tourism uses that were in line with similar regulations applied to B&B’s and Event Centers. The text for multiple uses had been specifically requested and supported during ZOR 2020-2021 public input meetings, was in line with regulations approved and implemented in a number of other Virginia counties, and would support resolving zoning complaints submitted to the County over several years. Outcome: – At the 10-6-2021 ZOC meeting, the then Director of Planning & Zoning stated: “If ZOC recommends that the text that was removed be put back in, then, yes, the public will see that.” During the 90-day public input review — if you believe the text should be inserted/made visible to the Planning Commission you will need to indicate that in your public input. |
| Longer version:
Rural Specific Use Issues: See Chapter 3 (Week 8) Hot topics here |
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| So that I don’t reinvent the wheel, is there a summary of Use-Specific Standards issues available for review before the draft text is released? | Yes. You can find a list of use-specific standards comments submitted to Staff here ZOR-TEXT-INPUT-USE-SPECIFIC-STANDARDS.pdf. This list may be helpful to compare to the 90-day draft text when released. |
| Why was there so much talk about Rural Uses in the past months with ZOR? | The Board of Supervisors planned for Rural Uses issues to be addressed in 2015 with ZOAM-2015-0006 by incorporating revisions recommended by the public and make rural use performance standards equitable. However, the ZOAM changed form over the past seven years. The ZOAM pushed off key objectives several times, with residents being told changes would be made 1) after a new Comp Plan and 2) in a new Zoning Ordinance. Therefore, that time is now. |
| For Rural Uses:
Is there a way to look for the “poorly defined” or missing/inconsistent” current regulations, (as a short cut for Chapter 3 Use Specific Standards during the 90-day review)? |
Yes. County Staff has in the past prepared a matrix that compares Uses and their Standards that focuses on the zoning ordinance goals (not the specific business type). An updated version of Staff’s Rural Zoning Ordinance Comparison matrix has been submitted via the Zoning Ordinance Committee.
Visually, every empty “red” box indicates possible “missing” regulations, and empty “blue” boxes indicate possible “inconsistent intensity” regulation. These are the key Chapter 3 Use-Specific Standards to review during the 90-day public input period to determine if the issues documented and provided to staff in the past 7 to 10 years have been corrected. |
WEEK 9 — CHAPTER 4 – Am I in an Overlay District?
WEEK 9 |
Chapter 4 OVERLAY DISTRICTS |
| First, what is an “overlay district?” | An overlay district creates special zoning requirements, placed over existing zoning districts. Overlay districts can share common boundaries with a district (such as villages) or can cut across districts (such a floodplain or mountainside). The purposes of each overlay district vary, but all are intended to manage development in or near environmentally sensitive areas, historic areas or areas requiring protections for health, safety and welfare of the public. |
| How many Overlay Districts are there? | 4.01 Airport Impact Overlay District (AIOD) 4.02 Floodplain Overlay District (FOD) 4.03 Mountainside Development Overlay District (MDOD) 4.04 Limestone Overlay District (LOD) 4.05 Quarry Notification Overlay District (QNOD) 4.06 Village Conservation Overlay District (VCOD) 4.07 Historic Overlay District (HOD) |
| Are there maps or descriptions so I can see where they are located? | Yes. I’ve created a consolidated view of overlay district maps for review here. |
| Are they ALL being revised via the Zoning Ordinance Rewrite? | No. Overlay District updates have basically been grouped in three “buckets:” 1) Overlay district changes to be handled outside of ZOR via separate, parallel Zoning Ordinance Amendments (ZOAMs); 2) Overlay districts that have been “carried forward” from current zoning with minimal changes; and 3) Overlay districts with changes that require review during public input period. |
| Which overlay districts will be addressed through separate ZOAMs &/or CPAMs? | Substantial updates for three overlay districts will be addressed through Zoning Ordinance Amendments (ZOAMs) and Comprehensive Plan Amendments (CPAMs) after the completion of the Zoning Ordinance Rewrite. This applies to:
– 4.01 Airport Impact Overlay District (AIOD). This is in progress with ZOAM-2021-0002. You can review and comment on this ZOAM/CPAM here. The ZOAM/CPAM proposes to update the Airport Noise Impact Area (ANIA) noise contours/maps for Dulles Airport, which may impact development and disclosures to residents/HOAs in the vicinity. – 4.02 Floodplain Overlay District (FOD). The draft text has only minor edits for FOD. Substantial updates will not be done until after ZOR as a separate ZOAM, to obtain sufficient input from FEMA and State Agencies. – 4.06 Village Conservation Overlay District (VCOD) (see more information below) |
| Which overlay district text will remain basically the same? | Two overlay districts will “carry forward” substantially the same text from the current zoning with only minimal or formatting changes. These include:
– 4.04 Limestone Overlay District (LOD) (primarily Route 15 north) NOTE: This indicates that review of the draft text is recommended to determine what or if any 2020-2021 public input has been omitted. |
| Which overlay districts are recommended for public input during the 90-day review? | The following overlay districts that have been addressed in the draft text at various levels and should be reviewed during public input:
– 4.03 Mountainside Development Overlay District (MDOD) |
| What are the biggest issues/points to review for Mountainside Development Overlay District? | The biggest change is the addition of Section 4.03.D: Uses and Activities. It has long been recognized that not all “Uses” allowed on flat land are appropriate on steep slopes and mountainside soils at risk of erosion. Round 1 (in 2020) & Round 2 (in 2021) Public Input provided specific recommendations for use regulations and exclusions in this overlay district.
During the 90-day public input the draft text should be carefully reviewed to determine whether the 2022 Revised Use Exclusion recommendations were made by Staff or still require communication to the Planning Commission and Board of Supervisors. |
| What are the biggest issues/points to review for Village Conservation Overlay District? | According to Staff’s report: “The VCOD will be part of the ZOC’s review of the Zoning Districts chapter, however based on community desires and 2019 GP guidance to create small area plans for Loudoun’s Villages the proposed VCOD revisions will be minimal in the ZO Rewrite.
Village small area plans will require 2019 GP amendments, extensive outreach with Village residents and citizens, followed by additional amendments to the ZO, which deserves more time and resources as part of a subsequent effort to the ZO Rewrite.” Staff has stated that “quick fix” changes will be considered during ZOR. Recommendations are included on the 2022 Revised Use Exclusions report. During the 90-day public input the draft text should be carefully reviewed to determine if the recommended changes were made. |
| What are the biggest changes/issues/points to review for Historic Overlay District? | The HOD section primarily combines two sections from the current zoning that were in “outlier” areas (Sec. 6-1800 & 6-1900) and includes it will all other overlay districts. The majority of text is “carried forward” with some edits and clarifications. Residents and organizations in and familiar with historic districts should provide input to this section during the 90-day review. |
WEEK 10 – CHAPTER 5 – Development Standards
Chapter 5 was hard to review because “red-line” (track change) versions were only provided for four out of fifteen sections, requiring dual screens to compare the current and new/ZOR text (quite an eye challenge). A thank you shout out goes to Loudoun Wildlife Conservancy, Loudoun Historic Village Alliance and LCHCA (HOA Association) for their review assistance over the holidays!
Why is this important to know? Because without red-line versions the “draft” text all sounds “new,” but really – it isn’t. Access to red-line text may be an important request during the public input 90-day review.
WEEK 10 |
Chapter 5 – DEVELOPMENT STANDARDS |
| You mentioned it’s a big chapter. What information does it include? | Chapter 5 contains 15 sections, which apply to all residential and business locations in the County for:
• Section 5.01 Application of Site Development Terms |
| Do you have any feel for how much text really has changed from the current zoning ordinance? | A direct question deserves a direct answer. But first some context.
County Staff has stated that the draft text ZOC reviewed “may not” include all planned changes for Staff’s final public input review text. With that qualifier — I have answered the question saying, after 10 months of draft text review, it is my impression that approximately 90 to 95% of the text is the same as the current zoning ordinance. This is a primary reason the 90-day public input review is so important — to confirm whether and how much of the 2020 through 2022 organization and public input has been incorporated. |
| Then why is it called the “Zoning Ordinance Rewrite?” (What are we getting?) | Regardless of the volume of public input text and regulation changes, the primary change is completely reformatting the ordinance from the current 1100 page zoning pdf document to a new online platform called enCodePlus (see what it looks like here). |
| How will I be able to compare the 90-day review text with what was submitted via prior organization and public input in 2020 & 2021? | All public input has been posted by Staff on the ZOR site for LOLA in multiple (long) pdf documents. An easier location to review your individual and organization’s original input (a.k.a., written ZOR requirements) can be found here:
– ZOR 2020 Organizations Public Input |
| What may/will I have trouble finding? | Two important sections requested during many 2020-2022 public input session have been combined into the new Section 5.08 Performance Standards: Noise Standards and Light and Glare. |
| Is there a way to find the “hot topics” to look for in the 90-day draft text in April? | Yes. Because this chapter was so large, I have added “hot topics” to the Frequently Asked Questions page. These are questions submitted through the Zoning Ordinance Committee, and include Staff’s response for how they may be addressed in the final draft. |
| Hot Topic Example:
What were primary concerns about Section 5.05 Parking? |
Parking received extra attention with a separate consultant report and had the most extensive formatting changes.
Key to review during the public input are the parking assumptions and ratios including for HOAs (include or exclude driveways as resident parking calculations?) and high-intensity uses that draw a lot of people. For example, ZOC questioned the allocation of only 2 parking spaces for wineries, 2 per 1000sf for limited breweries, 5 per 1000sf for event centers, with Staff response: “The idea is that other principal uses associated with a [high-intensity use] would be parked separately.” |
| If I want to review the actual current draft text — where can I find specific sections? | July, 2021 Chapter 5 draft text Section 5.05 Parking
January 5, 2022 Chapter 5 draft text for: Section 5.03 Natural & Environmental Resources, Section 5.04 Open Space, Section 5.06 Tree Planting, Replacement & Preservation, Section 5.07 Landscaping, Buffer Yards, & Screening January 19, 2022 Chapter 5 draft text for: Section 5.01 Application of Site Development Terms, Section 5.02 Utility, Section 5.08 Performance Standards, Section 5.09 Adaptive Reuse, Section 5.10 Homeowner’s Association Standards, Section 5.11 Visibility at Intersections, Section 5.12 Road Access, Section 5.14 Rural Hamlet, Section 5.15 Pedestrian & Bicycle Network Not yet available: Section 5.13 Neighborhood Transition |
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Ch. 5 — Development Standards Hot Topics for 90-day public review
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CHAPTER 5 ADDITIONAL HOT TOPICS |
Questions/comments in progress &/or not fully addressed in Staff responses to ZOC |
| General Chapter 5 | #6840: Distribution of only “clean version” of draft text makes it difficult to determine to what extent the 20+ environmental actions called for in the Comprehensive Plan have been implemented.
Could a reverse check list be provided that lists the 2019 Comp Plan Policy/Action with the reference to where it is implemented in the Draft text by Section reference? Does such a “checklist view” exist? Staff response: “Thank you for this idea, this seems to be a valuable tool for both staff and external reviews. Staff will discuss how to best approach such a tool. |
| General Chapter 5 | #7635 & #6842: How will Sustainability, energy, solar requirements be incorporated?
Staff response: “We would like suggestions where you feel some of these measure are most appropriate.” |
| 5.01 Site Development | #7204: Where two or more principal uses are located on one parcel, the required parcel size must be the larger of the two or more uses, and not the sum of all the minimum lot sizes for each use.
Comment: Impacts intensity of multiple uses on a single parcel. |
| 5.03.02 Steep Slopes. | #6845: Staff are directly aware of grading/clear cutting, permit violations; dept. communication, process/procedures and enforcement issues on Steep slope areas. What will be done to close loopholes?
Staff response: “Indeed, staff are aware and have experienced “loopholes” and challenges with enforcement. Staff is working with the CAO to develop strategies, and the existing steep slopes exemptions represents the most contemporary starting point, with revisions adopted 12/2/2015 in effort to align with state code but address challenges realized in the 2000’s.” |
| 5.03.02 Steep Slopes – Wood Lots | #6846: “Wood lots” on steep slopes being assessed as “developable” by Commissioner of Revenue sets the stage for them to be developed.
Staff Response: “Removing this exemption has been considered, in the past, a “taking” and therefore avoided. Additionally, the Board has clarified their direction with the ZOR to not change the density in western Loudoun. We will further discuss internally.” |
| 5.04.E 1&2 Open Space | #7649: “Bonus” open space credit incentive should be given for ag soils that are in AND not in production.
Staff Response: “Good comment. This may need further guidelines to determine “currently” and “not currently” in production. The intent is to try to protect known prime soils for future ag use.” |
| 5.05.02 Parking. Applicability | #1873: Will 5.05.02.B apply to “ag barns” converted or newly constructed to house high-intensity tourist venues for tasting room and events? The quantity of parking for high-intensity uses with tasting rooms is unreasonably low.
Staff Response: “We can change the parking rate for the tasting use. Any new use that greatly intensifies an existing use (i.e. additions, expansion, etc.), will have to meet the new minimums/maximums. Usually, the addition will have to provide more parking.” |
| 5.05.03 Parking Ratios | #1865: Residential communities across the county are generally under parked, but the issue is most severe for those in the Suburban and Transition Policy areas. For single family detached across the board, minimum standards in these areas should be increased to 2/DU. Maximum limits are self-governing and should be removed.
Staff Response: “We anticipate more direction on residential parking ratios throughout the process. We welcome the discussion.” |
| 5.05.03 Parking Ratios | #1909. Recreation outdoor — this use requires at least a minor SPEX and parking adequacy should be one of the factors in deciding whether to grant the SPEX
Staff Response: “Agreed. Additional discussion with Staff has identified many different types of outdoor recreation uses and park uses that may vary in size and scope.” |
| 5.05.03-4 Parking Ratios. RPA | #1888: Was any consideration given to parking requirements for tasting rooms, event venues, and current, actual, parking at EXISTING [high-intensity uses], especially those that regularly hold events and large fundraisers?
Staff Response: “Ratios are “based upon ITE parking standards. Individual parking studies on agritainment facilities were not conducted.” We welcome additional discussion on [high-intensity use parking ratios]. Individual parking studies were not conducted.” “Other principal uses [e.g., tasting rooms] associated with [high-intensity uses] would be parked separately.” |
| 5.05.03 Parking Ratios | #1892: How will 5.05.03.E (new construction) requirement apply to NEW construction of an “ag barn” that then becomes a Rural Use? Are all zoning permit requests reviewed for adequate parking requirements for “ag barns” converted to tasting rooms, event centers, agritainment venues, etc.?
Staff response: “The idea is that parking would be reviewed when a change of use occurs.” |
| 5.05.14 Parking, Residential Design | #1865: Minimums should be set to 2/DU for Single Family attached and stacked multi-family. Multi-family minimums should be 1BR/1.5, 2BR/2, 3BR/2.5 across all policy areas.
Staff Response: “Residential parking has been identified as a significant concern. Maximums are mostly needed in Urban and Suburban Policy areas to promote density and walkability.” |
| 5.05.09 Parking Adjustment. Affordable Housing Reductions | #2245: Experts are bothered by the proposal saying that people making less than AMI (Avg. Median Income) have less cars without any relationship to proximity to public transport (just income level) is this discriminatory? Any parking reductions should be directly related to proximity to public transport – not income.
Staff response: “Good points. Will consider these comments to further refine parking adjustments for affordable housing.” |
| 5.05.13 Parking. Villages | #2266: The Loudoun Historic Village Alliance (LHVA) would like to remind the county that the villages have survived just fine since the invention of the automobile. Bluemont Fair parks 600 -1000 cars daily, Philomont’s VFD Pit BBQ parked 100 – 200 cars, Waterford Fair 3,000 cars daily, Lucketts events and Aldie Fair. The villages do not want any parking regulations for these events.
Staff response: “We will continue to refine the text to make parking regulations that fit the villages.” |
| 5.08 Performance Standards – Exceptions | #7692: Section 5.08 states that Performance Standards apply to all permitted uses, except for “agricultural operations.” Questions have been raised at ZOC whether this exclusion from noise, light, and vibration standards applies only to agricultural operations such as crop/livestock farming, equine, etc., or to ALL agricultural uses, (including high-intensity uses that have high volumes of traffic, many patrons, and events).
Staff Response: “The need for further clarification of “farm” in the concern for exemption of agricultural uses/operations has been raised often and will be evaluated holistically to determine any needed revision.” |
| 5.08.04.F Performance Standards. Noise
5.08.05.D Performance Standards. Light & Glare |
#7273 & #7287: The language does not apply noise, light & glare standards consistently across all uses and therefore provides inconsistent protections to properties and residents. Because these standards are inconsistent and have known, (documented impacts via LEx complaints, emails and letters over many years), how and when will this be reviewed and rectified?
Staff Response: “We can consider applying provision generally if appropriate.” |
| 5.08.05.D Performance Standards. Light & Glare | #7333: How do regulations implement 2019 Comp Plan policies to adhere to Dark Sky Ordinance?
Staff Response: “Additional research is needed before an answer can be provided.” |
| 5.09.C. Adaptive Reuse. Permitted Uses | #7350: Permitted use table does not take into consideration the Intensity of use and impacts to “maintain compatibility of . . . a surrounding neighborhood, community, place type, village or historic district.”
Staff response: “Will reconsider this provision. Received similar comments from Community Planning.” |
| 5.12. Road Access | #7296: Traffic caused by High-Intensity Uses has been an issue for many years, with poorly collected information during permitting, approvals of permits without verification and lax enforcement for traffic levels that should have required special exception review. How will ZOR address and fix these known issues?
Staff Response: “Staff will take these comments under consideration.” |
| 5.14. Rural Hamlets | #7300. Although this is a “legacy” regulation not planned for revision, “why does a grandfathered development option provide GREATER protections (85%) for the preservation of rural Loudoun than what is being proposed for ZOAM-2020-0002 Soils/Clusters at 70%?
Staff response: “Will suggest to cluster ZOAM staff that they consider Rural Hamlet regs.” |
WEEK 11 – CHAPTER 6 – Sign Regulations
Sign Regulation is a topic that has many differing perspectives and interests – by zoning districts, by residential vs. business, politics, art – and even a direct link to the United States Constitution. (Something for everyone.)
WEEK 11 |
Chapter 6. SIGN REGULATIONS |
| A whole chapter on Sign Regulations? | Yes. Sign regulations have been a “hot topic” in the past several years in all areas of the county, with issues to be addressed through the Zoning Ordinance Rewrite. The topic also had a standalone “Sign Regulation Analysis” consultant report, which outlined how and why signs are also impacted by the United States Constitution. |
| Really? How does the Constitution weigh in with sign regulations? | Because signs are a form of expression, they are protected by the free speech principles of the US Constitution. Therefore, local Sign Regulations must comply with state and federal free speech protections. (Be honest, did you know that?) |
| So, what is the zoning ordinance rewrite allowed vs. not allowed to regulate with signs? | To comply with the 2015 Supreme Court decision* the following guiding principles for developing sign regulations must be used: 1. Avoid regulating Content (what a sign says, subject matter) 2. Avoid regulating Purpose (i.e., business identification, product advertisement, and 3. Avoid regulating a sign’s user, whether commercial or non-commercial (e.g., hospital, business, place of worship).What can be regulated are a sign’s “Time, Place and Manner,” which include size, height, number, setback and illumination (type, intensity, duration). *Reed v. Town of Gilbert |
| Are the regulations the same for all types of signs? | No, there are different regulations by type of sign. The broad categories are: 6.03 Prohibited Signs (i.e., billboards, balloons, streamers, pennants, inflated, banners and neon in certain districts) 6.04 Freestanding Signs (i.e., ground, pole and sidewalk signs) 6.05 Attached Signs (i.e., wall, window signs) 6.06 Incidental Signs (i.e., banners, small, temporary, etc.) 6.07 Historic Signs 6.08 Illuminated and Digital Signs |
| Are sign regulations the same throughout the entire county? | No, Sign Regulation text regulates the characteristics of signs by policy area and zoning district categories: – Urban/Mixed Use – Neighborhood (i.e., mainly residential districts) – Commercial – Employment/Industrial, and – Rural (as a single category)However – Rural sign regulations have been requested to be further broken down by Rural Residential and Rural Commercial. The 90-day Review text will confirm if this was done. |
| What are some of the changes under consideration for Chapter 6, Sign Regulations? | Sign regulation revisions planned include – Less involved Sign Development Plan applications – Neon signs (what areas/districts they are appropriate, and not) – Scale of signs to a building size or lot/parcel size |
| Where do three-dimensional signs fit in? | The existing zoning ordinance does not address sculptural art, murals or other painted wall signs. Staff indicates the next draft will seek to balance allowing these types of signage throughout the County. |
| There was a lot of discussion about signs in the Rural areas in 2018. How will that be handled? | The next draft will address the issues raised in the 2018 Board Member Initiative (BMI) for signs in the rural area. The goal is to balance more signs in rural districts while not detracting from character or cause “visual clutter.” These are points to look for during the 90-day draft review. |
| Where can I review the draft text and the Staff comments to questions? | You can review the draft text from Dec. 2021 here, And the Staff responses to questions from ZOC are here |
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Ch. 6 — Sign Regulation Hot Topics for 90-day public review
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CHAPTER 6 – HOT TOPICS |
Questions/comments from ZOC with Staff responses |
| Political signs | #6517 ZOC Questions: Can the county not allow political signs more than 60 days before an election. Is ANY flag permitted, or only those of a government? Can HOAs ban signs, and if so, what kinds of signs.
Staff response: “Political signs are folded into an overall temporary sign category because we cannot call signs out based on their message. However, we can establish content- neutral time limits for temporary signs in general. The same applies to flags – we have to treat flags the same way regardless of their message or user. HOA rules are not affected by the ZO – those are a matter of private contract.” |
| Rural Residential vs. Rural Business signs | #6459 The ZOR draft does provide different sign regulation categories at a lower level than zoning district for TPA, SPA and UPA (i.e., the categories of commercial vs. employment/industrial vs. urban/mixed use. Therefore, why were similar sub-categorizations not applied to Rural?”
Can Rural as a category be further broken down into Rural Residential and Rural Economy/Commercial/Business? Staff response: “The rural districts tend to include a different range of uses than most residential districts to accommodate the County’s agricultural economy. Yes – the sign regulations can distinguish rural residential from rural commercial districts. We will work on revising the tables to do that.” |
| Farm signs | #6457 The report defines “Farm signs” as “Sign erected or maintained on any farm by the owner or tenant of such farm and relating solely to farm or horticultural produce, livestock, silviculture, or services sold, produced, manufactured or furnished on such farm.” We are back again to the question, “What is the definition of a FARM?”
Staff Response: “While staff is working on an updated definition of “farm,” the sign report simply recognizes the existing definition of a ‘farm sign.’“ |
| Murals and artistic signs | #6428 Will or does the ordinance distinguish between signs and artistic murals? Would like to see murals permitted as public art.
Staff response: “’Art’ is considered a form of speech, and murals are legally considered signs/speech.” |
| Feather flags | #6462 6.03 Prohibited Signs, F. Attention-Getting Devices. How is a “feather flag” classified?
Staff Response: “Feather signs are added to the list of prohibited signs.” |
WEEK 12 — CHAPTER 7 – Procedures, including Enforcement by Complaint
This is the final chapter review letter before the Staff 90-day review Draft Text is released (still on target for early April). It addresses two important topics that are related:
Chapter 7: Procedures (including zoning enforcement)
By far, the issue most often raised throughout all Zoning Ordinance Rewrite Public Input (2020-2022) is the county policy of “enforcement by complaint.” Draft text for Chapter 7 was not made available for review by the Zoning Ordinance Committee. Staff has stated it will be included in the April 90-day Draft Text. Therefore, this week’s letter will provide background information, explain why Loudoun has complaint driven zoning enforcement, and what it would take to change to proactive enforcement.
Chapter 3: Use-specific Standards (required for zoning enforcement)
Week 8 highlighted the Chapter 3 “Uses.” Also included in Chapter 3 are the Use-Specific Standards (i.e., the regulations for Uses to ensure the health, safety, welfare and protection of property and patrons). Review of citizen issues and complaints over the past 5 years found misperceptions regarding the need for use standards related to zoning enforcement. Although it has been claimed by citizens that the County Zoning Enforcement department “would not” enforce the zoning ordinance, in fact, they “could not” do so due to missing and/or inconsistent zoning regulations to be addressed in the zoning rewrite.
If you prefer to receive an overview of these topics you can read this week’s letter below. However, if you have been involved with and/or provided input for these topics over the past 3 to 7 years (via individual complaints or the zoning rewrite) you will want to review the comprehensive longer version (posted online here).
IMPORTANT NOTE: The information provided this week is based on 2017 case studies I was contracted to prepare that included primary research and interviews with multiple County staff departments. The case study findings were confirmed by and presented to the County Administrator, Deputy and Assistant County Administrators, County Senior Staff, and the former ZOAG advisory group in 2018 and revised in 2021. (Direct links to supporting documentation are provided.)
WEEK 12 |
Chapter 7: Procedures &ENFORCEMENT BY COMPLAINT |
| Let’s start at the beginning: Why does Zoning Enforcement not enforce the text that is in the 2019 Comprehensive Plan? | The 2019 Comprehensive Plan outlines policies and guidelines. As the ZOR Consultant’s Zoning Audit indicated, “Zoning regulations are legal documents that implement plan policies.”
Put another way, Zoning Enforcement can only enforce what is law in the zoning ordinance. If there are missing, inconsistent, or inadequate zoning regulations, then the Zoning Enforcement Department has no means to correct actions. |
| What’s a key finding from the Zoning Enforcement case study? | Not all zoning enforcement issues are the same. The 2017 “Problems with Permits” Case Study shared with Senior County Administration revealed the different categories of zoning enforcement issues: – “Bad Actors” who ignore or violate zoning on purpose, – Poorly defined regulations, that enable or cause loopholes, and – Non-existent / inconsistent zoning regulations between uses that provide no protections &/or no guidelines for zoning enforcement. Numerous examples documented in case studies demonstrated that front-end permits or use applications with poorly defined or inconsistent regulations made back-end zoning violations difficult or impossible to enforce. Without clear and consistent zoning regulations, Zoning Enforcement Staff cannot act to resolve citizen-identified issues. In 2018 and 2021 County Senior Staff indicated that these issues would need to “wait for the new Zoning Ordinance” to be addressed. (And now it’s that time!) |
| Okay, I get the link between zoning regulations and enforcement, but WHY is Zoning Enforcement by complaint? | Since 1992 (or before) the Board of Supervisors instituted the policy of enforcement only by complaint. Zoning Enforcement Staff investigation was approved for proactive enforcement in the Sterling area only for “blight,” or for “eminent peril to life or property.” The BOS renewed that policy direction in 2005, 2009 and 2010 (BOS action summaries can be viewed here). |
| So, what does that mean? | It means the Zoning Enforcement Department responding only by complaint IS doing the job they are legally allowed and have been directed to do by the Board of Supervisors. It also means a zoning application must have been filed, a violation occurred AND a complaint filed before Zoning Enforcement Staff can take action. |
| What would it take to change zoning enforcement to be proactive in areas beyond Sterling? | The study found that changing to proactive zoning enforcement would require: – Policy changes for Zoning Enforcement by the Board of Supervisors, – Procedure and process changes in Zoning Enforcement through the Zoning Ordinance Rewrite (in Chapter 7), – Personnel, budget and staffing increases to adequately meet the needs to provide proactive zoning enforcement, – Improved systems and support* for reporting and access, and – Penalty changes to implement appropriate fines for zoning violations (also in Chapter 7).All of the above findings were included in the case study review to County Senior Staff in 2018 and 2021.* Loudoun Express Request (LEx) system reporting, Loudoun Online Land Application system (LOLA) search capability, Land Management Information System (LMIS/enerGov) remote public access. |
| Longer Version – Why is there still such confusion with noise complaints? – Was my past zoning enforcement ticket used to evaluate changes for zoning regulation changes with ZOR? – What happened to my complaints that were submitted via letter, email, social media or phone call? – Does the LEx complaint tracking system report all complaints? |
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| I submitted a complaint in the past but did not put it in the LEx system.
How can I be sure my issue/input is being reviewed and considered for the current zoning rewrite and not ignored?
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County ZOR Staff have stated they are open to reviewing “specific instances community members want to point out.”
If you, your neighbors, your HOA, or your organization wrote a letter, sent an email, called the sheriff, or made a LEx complaint, ask: If yes, you may want to resend/resubmit your original complaint summary and/or evidence with your 90-day public input to ZOrewrite@loudoun.gov for review by County ZOR Staff as an example for zoning regulation revision. |
| Longer Version – Why is there still such confusion with noise complaints? – Was my past zoning enforcement ticket used to evaluate changes for zoning regulation changes with ZOR? – What happened to my complaints that were submitted via letter, email, social media or phone call? – Does the LEx complaint tracking system report all complaints? |
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| Why is there still such confusion regarding noise complaints? | Most residents are not aware that there are two noise ordinances: – Zoning Noise ordinance (today, Section 5-652-B) and – Codified noise ordinance (offenses against public peace, Ch. 654.02)It’s not clear to residents – Whom they should call (Sheriff? Zoning Enforcement?) – Who performs enforcement (Sheriff or Zoning enforcement), – How noise is measured (different requirements and equipment), and – When enforcement will come (Sheriff when called versus Zoning Enforcement by appointment).Review of the Chapter 5.08 Performance Standards draft text did not address these disconnects. This is a section to watch for the 90-day review. |
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Was my past LEx zoning enforcement ticket used to evaluate changes for zoning regulation changes with ZOR? |
Your past zoning complaints (letters/emails and LEx tickets documenting actual issues caused by poorly defined or missing zoning) should be used as examples of the zoning changes needed to define the front-end regulation requirements to prevent the back-end zoning enforcement issues.
However, because of the reporting limitation with the LEx system, not all complaints have been retained, reported, and/or reviewed. This is the time to monitor the ZOR draft text and look to see if your issue was addressed. If not, then Staff indicated you may resubmit your complaint or request again with your 90-day public input. |
| So, what happened to my complaints that were submitted via letter, email, social media or phone call? | Complaints submitted via social media, calls, letters or emails to federal, state or county elected officials or agencies are NOT entered into LEx unless requested.
– LEx does not consolidated complaint entry and tracking across all sources (calls, letters, emails, social media). |
| Does the LEx complaint tracking system report all complaints? | No. There is no mechanism to obtain a complete and accurate complaint report from all sources via LEx. As of 2017, there was no systems complaint reports process. County reports on complaints included LEx-only complaint tickets that were transferred manually to an excel file for reporting. |
CHAPTER 3 – PART II |
USE SPECIFIC STANDARDS |
| What’s types of regulations are missing or inconsistent across different Uses? | The types of Use-specific Standards that are missing or inconsistent across Uses (without regard for business type) include: Minimum acres, hours of operation, noise, lighting, yard & road setbacks, landscaping & buffering, parking, road access, and quantity of events permitted. |
| Why are there missing or inconsistent regulations? How did that happen? | Many Use regulations were created as “one-off” (one at a time) Zoning Ordinance Amendments (ZOAMs) over the past 20 years, which created a great deal of inconsistency in regulations and performance standards and some public safety issues.
The ZOR Consultant’s Zoning Audit report observed that Use regulations are scattered throughout the current zoning ordinance. This is being addressed via ZOR by consolidating Uses throughout the county into Chapter 3. |
| What’s an example of how inconsistent regulations can be harmful for businesses?? | Let’s use lodging uses as an example. The purpose ZOR and the new Short Term Rentals ZOAM is to create a level playing field for a portfolio of lodging options and businesses throughout the county – from Short Term Rentals on one end, Bed & Breakfast’s in the middle, motels and hotels throughout the county on the other end.
Without consistent, scaled-intensity performance standards, STRR’s could “cannibalize” other business lodging that must comply with stricter regulations (i.e., draw customers from B&B’s), putting some B&B’s at risk. Without regulations, STRRs could also put guests and adjacent residents at risk (i.e., fire safety, traffic, noise impacts, etc.) A similar “portfolio” business review can be applied to tourism low to high-intensity uses, and small vs. large commercial business location uses. |
| What’s an example of a public safety issue? | An example of a public safety issue relates to the permitting of “agricultural” buildings that become event venues or “tasting rooms.” The “Ag barns or buildings” for these uses that host large numbers of patrons are exempt from building code permits, do not require electrical, plumbing, fire safety inspections, and are not monitored by the State Office Drinking Water or Health Department inspections unless a bathroom or kitchen are applied for. |
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I heard there was zoning draft text removed last September after some stakeholders complained.
What happened, what did the text include, and what was the outcome? |
What happened:
That needs a little background. [Note: See “Policy decisions, discussion summaries and transcripts” here for emails and transcripts.] – Prior to being released last August, draft text was leaked to external stakeholder groups and county agencies who found the text objectionable. The Stakeholder groups requested meetings with Supervisors to complain and request the text be deleted. Draft text removed: The deleted draft text can be reviewed here. The draft text provided guidelines for event quantities, size and parking requirements for high-intensity tourism uses that were in line with similar regulations applied to B&B’s and Event Centers. The text for multiple uses had been specifically requested and supported during ZOR 2020-2021 public input meetings, was in line with regulations approved and implemented in a number of other Virginia counties, and would support resolving zoning complaints submitted to the County over several years. Outcome: – At the 10-6-2021 ZOC meeting, the then Director of Planning & Zoning stated: “If ZOC recommends that the text that was removed be put back in, then, yes, the public will see that.” During the 90-day public input review — if you believe the text should be inserted/made visible to the Planning Commission you will need to indicate that in your public input. |
| Longer version:
Rural Specific Use Issues: See Chapter 3 (Week 8) Hot topics |
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| So that I don’t reinvent the wheel, is there a summary of Use-Specific Standards issues available for review before the draft text is released? | Yes. You can find a list of use-specific standards comments submitted to Staff here ZOR-TEXT-INPUT-USE-SPECIFIC-STANDARDS.pdf. This list may be helpful to compare to the 90-day draft text when released. |
| Why was there so much talk about Rural Uses in the past months with ZOR? | The Board of Supervisors planned for Rural Uses issues to be addressed in 2015 with ZOAM-2015-0006 by incorporating revisions recommended by the public and make rural use performance standards equitable. However, the ZOAM changed form over the past seven years. The ZOAM pushed off key objectives several times, with residents being told changes would be made 1) after a new Comp Plan and 2) in a new Zoning Ordinance. Therefore, that time is now. |
| For Rural Uses:
Is there a way to look for the “poorly defined” or missing/inconsistent” current regulations, (as a short cut for Chapter 3 Use Specific Standards during the 90-day review)? |
Yes. County Staff has in the past prepared a matrix that compares Uses and their Standards that focuses on the zoning ordinance goals (not the specific business type). An updated version of Staff’s Rural Zoning Ordinance Comparison matrix has been submitted via the Zoning Ordinance Committee.
Visually, every empty “red” box indicates possible “missing” regulations, and empty “blue” boxes indicate possible “inconsistent intensity” regulation. These are the key Chapter 3 Use-Specific Standards to review during the 90-day public input period to determine if the issues documented and provided to staff in the past 7 to 10 years have been corrected. |
| Longer version: 2017 CASE STUDY SUMMARY – Key findings – Traffic/venue Density Impacts – Volume of Permit types – Volume of complaint processes/contacts – Pros and cons of LEx system – Requirement to identify “complaint” vs. “request for information” |
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| You mentioned a 2017 Case study. What was involved with that? | The case primarily investigated zoning issues related to Rural Uses. ZOAM-2015-0006 was intended to “Make rural use performance standards equitable.” In Sept., 2016 the BOS included in its Strategic Plan the need for “balance between rural economy and ensuring quality of life for residents.”
The 2017 study found that zoning inconsistency and location/intensity impacts were the primary factors impacting balance. A follow-on “Problems with Permits” case study was confirmed with Senior County Admin, Senior Staff, and ZOAG. The findings were included in 2019-2020 Round 1 ZOR input, 2021 Round 2 ZOR input, and an April 2021 Updated Status: “Problem with Permits” to County Administrator and Assistant County Administrators. |
| How does the case study relate to ZOR today? | From review of complaints and zoning regulations by Staff and ZOC, if the zoning performance standards (Chapter 3), and checklists, process and procedures (Chapter 7) are addressed during Zoning Ordinance Rewrite then Zoning Enforcement complaints will be significantly less. |
| Traffic/venue Density Impacts | The 2017 case study demonstrated how to quantify traffic impacts of multiple uses on a site, and multiple uses in close proximity. These factors are not currently considered on a single application basis. |
| Volume of Permit types | There are approximately a dozen different permits required depending on the business use applied for. It is up to the applicant to determine all permit types and proper filing. |
| Volume of complaint processes/contacts | Similarly, residents must also determine the proper process to file a complaint from a dozen types, only three of which are collected via the Loudoun Express Request system. |
| What are the pros and cons of the LEx complaint system? | Although Loudoun Express Request (LEx) is a generally adequate trouble ticket ENTRY system to distribute trouble tickets to Staff, it is a poor ticket closing and REPORTING tool.
The plan was to improve trouble ticket entry, tracking, notification and reporting via enerGov, originally to be released in 2020. The current timeframe for implementation is not confirmed, as well as whether there be any public user interface with enCodePlus? |
| Requirement to identify “complaint” vs. “request for information” | Citizens who enter a LEx ticket or call Zoning Enforcement must identify their issue as either a “complaint” or “request for information.” Residents requesting information will be provided other contacts to call/email directly. Only issues identified as a “complaint” will be acted upon by Zoning Enforcement. |
WEEK 14 — WHAT WILL YOU CHOOSE?
Loudoun County Board of Supervisors’ 2021 affirmed Vision for Loudoun County:
“While appreciating and acknowledging our rich history, Loudoun County strives to be a prosperous, inclusive, equitable and sustainable community where residents feel free to live, work, learn and play.”
The Loudoun County Zoning Ordinance Rewrite is now open for Public COMMENT. Regardless of where you live, your organization, advisory or elected position, or day job, you are a Loudoun County resident, and your voice should be heard.
WEEK 14 – April 18, 2022 |
START OF ZOR PUBLIC INPUT |
| How long will I have to plan my input review and provide comments? | The Public Input process will be open from April 18 to July 17, 2022.
So take your time to plan, schedule, read, and compare before you begin entering comments. Check more ways to “How to Get Started with your ZOR Review” get started on the Frequently Asked Questions page. TIP: Staff has said comments that are sent sooner will have a greater likelihood of being considered and incorporated (i.e., don’t procrastinate until June!). |
| I still have questions, like: Will I get a copy of my comments? Can I print the draft text? What if I have the same comments as in 2020 & 2021? What do I do if I’m still stuck? | All great questions, covered last week and now posted under “Things to Know About Making ZOR Comments” on the Frequently Asked Questions page. Reach out for a “prep-talk” and I’ll give you a leg up on how to find and comment on what’s important to you. |
| Where did all the original ZOR input come from? Was it all from You?
Where have your letters been going? |
NO! – it came from YOU, your organizations, businesses, and advisory groups.
My letters have been going to residents and organizations throughout the entire county (east and west). Some have asked me to tell them what’s important and what to say. But because perspectives differ by person and organization, I instead have focused on letting you know how to determine what’s important, and how you can provide your input to the County. |
| Most often asked question over the past 14 weeks:
WHY DID YOU DO ALL THIS? |
After 20 years assisting residents, environmental and business groups navigate zoning questions, three years supporting individuals and groups document and submit public input, and a year reviewing the ZOR draft text in two advisory groups I had two choices:
– Do nothing, or In my letters over the past 3 months I chose to share what I learned and demonstrate how the massive project known as “ZOR” can be broken down into manageable “chunks” over 12 weeks — 90-days – the same amount of time you will have to provide your public input. By educating you about ZOR in small chunks my hope is you’ll find that reviewing in small chunks is not only feasible, but the best way to go. I did all this to help you provide your input. Now YOU have two choices: – Do nothing, or What will you choose?“The future depends on what you do today.” Mahatma Gandhi |
| Is there a way I can share my comments or findings with other residents and/or groups? | If you want to SHARE your comments to help other individuals or groups know what you have found, you can email me a COPY* OR cut and paste them in the SHARE ZOR INPUT GOOGLE FORM (Personal information will NOT be shared). *Be sure to send to the County first before sending a copy. |
| Question too YOU — Did you find the bonus links? | Drop me a line and you may get a free latte. |