October 30, 2000

TO: The County Board of Arlington, Virginia

FROM: William T. Donahue, County Manager

SUBJECT: An Ordinance to amend, reenact, and recodify Section 32, Bulk, Coverage and Placement Requirements, Subsection D. Placement, of the Arlington County Zoning Ordinance as contained in the County Code, concerning placement of one- and two- family dwellings, their accessory buildings or structures, and air conditioning units.

RECOMMENDATION: Adopt an Ordinance to amend, reenact, and recodify Section 32., Subsection D. of the Zoning Ordinance as contained in the County Code, concerning placement of one- and two-family dwellings, their accessory buildings, and air conditioning units; to provide for adequate light, air, convenience of access, and safety from fire, and other dangers; to facilitate the creation of a convenient, attractive and harmonious community; and for other reasons required by the public necessity, convenience and general welfare, and good zoning practice.

BACKGROUND: Staff began reviewing the Zoning Ordinance several years ago to address issues associated with recent one- and two-family residential developments in the County. A series of Zoning Ordinance amendments have been prepared, or are being prepared for this subject, including the amendments proposed in this report.

As background to the proposed Zoning Ordinance amendments in this report, staff reviewed the variance cases considered by the Board of Zoning Appeals (BZA) in 1999, and the current building placement related provisions in Section 32. Bulk, Coverage and Placement Requirements in the Zoning Ordinance. Most of these provisions were adopted in the 1970s.

Staff periodically reviews BZA’s variance approvals to determine whether Zoning Ordinance changes to address recurring variance issues are appropriate. The latest review has revealed several areas that could be addressed by Zoning Ordinance improvements.

 

In this report, five amendments to Zoning Ordinances concerning the placement of one- and two-family dwellings, their accessory buildings or structures, and air conditioning units are considered: 1) Delete the requirement for a 50-foot setback from the centerline of the street and add a new provision permitting additions or new construction to be located no closer to the lot frontage than the average dimension of the setbacks of the existing main buildings on the frontage where the structure is proposed to be located; but in no event less than fifteen (15) feet from the lot frontage, whichever is larger. Currently the Zoning Ordinance requires a 25-foot front setback from the right-of-way line for all lots. 2) Permit placement of additions of up to fifteen (15) feet in length, in substandard side yards as a matter of right. 3) Reduce the distance between a main building and an accessory buildings from 15 feet, as now required, to eight (8) feet, when the accessory building is small and located in a rear or side yard; 4) Permit projections of unenclosed structures that are less than five (5)-foot (either covered or uncovered) into the front setback when the structure’s heights do not exceed one story or 17 feet, whichever is shorter. This item was included in the initial staff report that was advertised. However, staff does not recommend adoption of this proposed Zoning Ordinance amendment. 5) Permit placement of air conditioning units and heat pumps in required front setbacks, side and rear yards, when they leave an eight (8)-foot front or rear yard and a five (5)-foot side yard, and are screened with fence or vegetation. See page 3 and after of this report for details of the proposed amendments.

Items 1), 2) and 5) have been revised from the advertised language. Item 1) was revised following a recommendation made by ZORC members and DPW staff to increase the minimum front setback area from ten (10) feet in the advertised language to fifteen (15) feet to ensure that sufficient space would be maintained for potential sidewalk construction. In addition, the measuring points were revised from the right-of-way line to the lot frontage for easy identification of the measuring points. Item 2) was revised to address ZORC members’ desire to restrict potentially large additions built in substandard side yards. Item 5) was revised following a recommendation made by ZORC members to reduce potential noise impact generated by air-conditioning units on neighboring properties. Item 4) was deleted from staff’s proposal based on recommendations made by ZORC members and DPW staff.

Citizen Outreach: In 1997 and 1998, staff met with several civic associations, the Neighborhood Conservation Advisory Committee (NCAC), the Civic Federation, and the Zoning Ordinance Review Committee (ZORC), and presented the proposed Zoning Ordinance amendments. Their comments were generally favorable to the proposed amendments. Most recently, the ZORC reviewed the proposed amendments at its April 24, 2000 meeting, and again at its October 23, 2000 meeting. In addition, NCAC staff distributed the staff report that requested the County Board to authorize advertisement at its September 14, 2000 meeting. Staff has not received any comments from NCAC members.

DISCUSSION: Staff recommends that the County Board adopt the proposed Zoning Ordinance amendments for the following reasons:

Details of the proposed Zoning Ordinance amendments are described below.

  1. Subsections 32.D.1.c and d.: Delete the existing 50-foot setback requirement measured from the centerline of the street to the structure. The existing requirement of a 25-foot minimum setback from the frontage to the structure would remain with some changes. In addition, reduction of setbacks would be permitted, provided that the proposed structure complies with certain proposed standards.

The current Zoning Ordinance requires that the placement of any building or structure comply with two setback requirements. Any structure must provide a 50-foot minimum setback from the centerline of the street that the structure fronts. In addition, the structure must provide a 25-foot minimum setback from any street right-of-way line. When the street width is 50 feet, both requirements require the same distance from the street for the placement of structures. However, when a street is narrower than 50 feet, a structure is required to have a setback of more than 25 feet from the street right-of-way line.

These requirements sometimes create uneven street wall lines when the existing structures do not conform to the required setbacks. Some houses in the older sections of the County have setbacks of less than 25 feet, although the Zoning Ordinance uniformly requires 25-foot setbacks for the entire county. On these street blocks, permitting setbacks of less than 25 feet, but at least the average on the block, or fifteen (15) feet, whichever is greater, would not adversely affect the neighboring properties, and would result in more even building placement.

The proposed amendments would permit a proposed addition, or new construction, to encroach up to the average setback line established by the existing houses on the street block where the property is located, provided that the height of the proposed addition or new construction of a house does not exceed two and one half (2-1/2) stories; and further provided that a minimum fifteen (15)-foot distance is maintained between the front lot frontage and the edge of the main part of the structure.

Staff review shows that the BZA often grants variances for this type of encroachment, so this Zoning Ordinance amendment is unlikely to significantly change the location of houses in the County. Since the required maximum coverage will not be changed under this proposal, smaller front setbacks would generally result in larger rear yards, which are generally used for private activities, such as children’s play, gardening or outdoor sitting and cooking.

The following standards are proposed to permit reduction of front setbacks. This provision will not be applied to stoops, or covered but unenclosed porches, because the provision for these architectural elements is provided elsewhere.
    1. The proposed front setback area will be measured from the lot frontage and should not exceed the average of the setbacks of the existing main buildings located on the frontage where the structure is proposed to be located. Frontage is defined in the current Zoning Ordinance as "All the property fronting on one (1) side of a street between the two (2) nearest intersecting streets, or other natural barriers."
    2. A minimum of fifteen (15) feet should be provided between the lot frontage and the exterior wall surface of the main portion of the structure. In addition, the entrance area in front of a parking garage shall provide a minimum of eighteen (18) feet between the front right-of-way line and the garage door.
    3. The height of the portion of the building that encroaches into the 25-foot setback area should not exceed two and one half (2 ˝) stories, or seventeen feet, whichever is less.
  1. Subsection 32.D.2.b.: Permit placement of additions built on existing substandard side yards as a matter of right, provided that the proposed addition satisfies all of the following standards.
    1. The addition extends no further into the side yard than the existing structure does.

b. The proposed addition maintains a side yard of at least five (5) feet.
    1. The addition is created by extending an existing exterior wall that fronts the side yard.
    2. The height of the addition in the substandard side yard does not exceed one (1) story or seventeen (17) feet in height, whichever is less.
    3. The extended portion of the addition does not exceed 15 feet in length.

A substantial number of houses in the County do not conform to the side yard requirements in the current Zoning Ordinance, according to the experience of the Zoning Administration office staff. When additions are planned for these existing houses, they are frequently built by extending the existing exterior wall to the rear or to the side of the house, protruding into the required side yard. Under the current Zoning Ordinance provisions, these additions would be permitted only if the BZA grants a variance for the additions.

However, staff believes that this type of addition, which simply extends an exterior wall that already encroaches into the side yard, has little, if any impact. Thus, staff recommends that the County Board consider advertising the proposed Zoning Ordinance amendment to permit certain additions built in a substandard side yard as a matter of right. To limit the addition to an appropriate size, staff recommends that an extension of the exterior wall of the addition will not be permitted to reduce the dimension of the existing nonconforming side yard, the height of the addition should not exceed one (1) story or 17 feet, whichever is less; and the addition should maintain a minimum of five (5)-foot side yard.

In addition, staff recommends adding a new standard to address ZORC members’ concern about large additions built into the substandard side yard. ZORC members recommended restricting additions in substandard side yards to a reasonable size. The proposed maximum fifteen (15)-foot extension would keep these types of additions small relative to the depth of the existing houses. Houses in the County generally have minimum thirty (30)-foot depths and the proposed maximum extension of fifteen (15) feet would be one half of this depth. Extended additions under this provision would be required to comply with other zoning requirements including the twenty-five (25)-foot rear yard requirement.

 
  1. Subsection 32.D.2.e.: Permit a minimum distance of eight (8) feet between main and the accessory buildings, provided that all of the following standards are satisfied.

a. The accessory building is located in a rear or side yard.

    1. The accessory building does not exceed one and one-half (1 ˝) stories in height, or twenty-five (25) feet, whichever is less.

c. The footprint of the accessory building does not exceed five-hundred and sixty (560) square feet in an "R-5" or "R-6" Districts, or six hundred and fifty (650) square feet in any other "R" District, excluding "RA" Districts.

Under the current Zoning Ordinance, the required minimum distance between any accessory building and the main building is 15 feet. This distance is currently measured between two parallel lines: one drawn extending the rear wall of the main building and another line drawn parallel to the first line extending the wall of the accessory building facing the main building. The proposed Zoning Ordinance amendment would permit placement of an accessory building up to eight (8) feet away from a main building, when measured from the nearest corners of the main and accessory buildings.

To prevent potentially adverse impacts from placement of large accessory buildings close to a main building, staff recommends restricting the size and height of the new accessory building to those of one and one-half (1 ˝) stories in height or twenty-five (25) feet, whichever is less, and five-hundred and sixty (560) square feet of area in the "R-5" and "R-6" Districts, or six hundred and fifty (650) square feet in all other "R" Districts.

  1. Subsection 32.D.3.a.: Permit a maximum projection of five (5) feet for covered but unenclosed porches, decks, stoops, and platforms into the required front setback, provided that their height does not exceed one (1) story or seventeen (17) feet, whichever is shorter. This item was included in the initial staff report for this Zoning Ordinance amendment, however, staff does not recommend adopting this amendment because when this item is combined with item 1) [which allows reduction of the front setback to up to fifteen (15) feet], front setbacks may become too small and place large projections too close to the street.

    2. The current Zoning Ordinance permits projection of unenclosed uses such as "balconies, eaves, trim and fascia boards and similar architectural features, platforms and terraces" into a setback area, yard or court by four (4) feet, when they are not closer than five (5) feet to any property line. This provision would not be changed under this proposed Zoning Ordinance amendment.

  2. Subsection 32.D.3.b.: Permit air conditioning units to project into front setbacks, or rear or side yards, where the following standards are satisfied.

a. Air conditioning units are at least eight (8) feet from the front or rear lot line, and at least two (2) feet from any side lot line.

b. Such units are screened with fence or vegetation.

The current Zoning Ordinance permits placement of air conditioning units in the side yard and rear yard, provided that eight (8) feet and ten (10) feet of yard space respectively, is provided. However, placement of an air conditioning unit in the setback area is not permitted.

This requirement is impractical for recent residential development. The BZA often approves placement of air conditioning units in setback areas, or side or rear yards, areas, where eight (8) feet distance is provided between a rear or front right-of-way line and the air-conditioning unit, and two (2) feet distance is provided between the air conditioning unit and the side lot line; and screening with a fence, wall, or shrubs is provided around the air-conditioning unit. The proposed amendment would permit reduction of the distance between air conditioning units and the adjoining side lot lines to five (5) feet as a matter of right, if screening is provided around the air-conditioning unit. Initially the Zoning Ordinance amendment was advertised for a two (2)-foot distance for this item. Staff, however, recommends changing this distance to five (5) feet, in conformance with ZORC members’ recommendations based on their concerns about noise generated by air-conditioning units.

Analysis of the Variance Request Cases in 1999:

The proposed Zoning Ordinance amendments will improve the usefulness of the Zoning Ordinance, and will reduce the total number of variance requests the BZA must hear annually by the following percentages. Staff believes that this reduction of variance cases would similarly reduce the BZA caseload in future years.

proposed amendments: 66%

The total reduction includes the following:

setback from the centerline of the street to the

building, but retain a front setback requirement of

twenty-five feet (25‘) from the right of way line: 3%

10 feet from the right-of-way line: 35%

side yards: 15%

main building and accessory building, instead of the

current requirement of 15 feet: 9%

setbacks and yards by unenclosed portion of

building: 2%

 

pumps into the required setback or side yards with

certain conditions: 2%

CONCLUSION: The Zoning Ordinance amendments described in this report are proposed to amend, reenact, and recodify the Zoning Ordinance provisions concerning placement of one- and two- family dwellings, their accessory buildings, and air conditioning units; to provide for adequate light, air, convenience of access, and safety from fire, and other dangers; to facilitate the creation of a convenient, attractive and harmonious community; and for other reasons required by the public necessity, convenience and general welfare, and good zoning practice. It is, therefore, recommended that the County Board adopt the Zoning Ordinance Amendments to Section 32, Bulk, Coverage and Placement Requirements, Subsection D. Placement, concerning placement of one- and two- family dwellings, their accessory buildings, and air conditioning units.

AN ORDINANCE TO AMEND, REENACT, AND RECODIFY SECTION 32, BULK, COVERAGE AND PLACEMENT REQUIREMENTS, SUBSECTION D. PLACEMENT, OF THE ZONING ORDINANCE AS CONTAINED IN THE ARLINGTON COUNTY CODE, CONCERNING PLACEMENT OF ONE- AND TWO- FAMILY DWELLINGS, THEIR ACCESSORY BUILDINGS, AND AIR CONDITIONING UNITS.

BE IT ORDAINED THAT, to provide for adequate light, air, convenience of access, and safety from fire, and other dangers; to facilitate the creation of a convenient, attractive and harmonious community; and other reasons required by the public necessity, convenience and general welfare, and good zoning practice; Section 32., Subsection D. of the Zoning Ordinance be amended, reenacted, and recodified, concerning placement of one- and two-family dwellings, their accessory buildings, and air conditioning units; as follows:

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SECTION 32. BULK, COVERAGE AND PLACEMENT REQUIREMENTS

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D. Placement.

The following regulations shall govern the placement on a lot of any building or structure, or addition thereto, hereafter erected, except as may be allowed by site plan approval:

1. Setbacks: No structure shall be located closer to the centerline of any street or officially designated street right-of-way than fifty (50) percent of the height of the building. For the purpose of determining setbacks, a limited access highway shall be considered as an abutting lot and not as a street or street right-of-way. Structures shall be set back from streets no less than as follows: (8-18-79)

a. For all "C" and "M" Districts excepting "C-1," "C-1-O," " C-O," "C-H" and "C-S-C": Forty (40) feet from said centerline.

    1. For all "RA4.8" and "C-O" Districts: Fifty (50) feet from said centerline.
    2. For all residential structures and all structures in all other districts except for one-and two-family dwellings and their accessory structures regulated by Subsection 32.D.1.d.: Fifty (50) feet from said centerline but in no case less than twenty-five (25) feet from any street right-of-way line.
    3. For all one- and two-family dwellings and their accessory structures:

(1) No structure shall be located less than twenty-five (25) feet from any street right-of-way line lot frontage, except that the distance between any street or officially designated street right-of-way line and the front wall of a structure, with the exception of stoops and covered or uncovered but unenclosed porches, may be reduced as follows:

(a) The distance shall be at least the average of the distances between the street right of way line lot frontage and the edges of the front walls of existing structures located on the frontage where the structure is proposed to be located;

(b) The distance shall be at least ten (10) fifteen (15) feet, provided, however, that no parking garage shall be located closer than eighteen (18) feet to the street right-of-way line; and
    1. No structure located within twenty-five (25) feet of a street right-of-way line shall exceed two and one half (2 1/2) stories.

2. Side and Rear Yards: No structure shall be located closer to side or rear lot lines than as follows:

a. For all "RA4.8," "C," and "M" Districts, not including "C-1-O": No side or rear yard shall be required except that no wall either on the side or rear of a lot abutting an " R" or "RA" District or containing openings or windows, whether or not they can be opened, shall be located closer to side or rear lot lines than eight (8) feet for the first ten (10) feet of building height, plus two (2) additional feet for each ten (10) additional feet of building height, or fraction thereof.

b. For all single one- and two-family dwellings and their accessory structures:

 
    1. Ten (10) feet, provided that one (1) side yard may be reduced to eight (8) feet. The aggregate width of both side yards on any lot shall not be less than thirty (30) percent of the required width of the lot, provided that on interior lots no structure shall be located closer than twenty-five (25) feet from a rear lot line.
    2. An addition to an existing structure may extend into a required side yard, provided that:
    1. The addition extends no further into the side yard than does the existing structure;
    2. A five (5)-foot side yard is maintained;
    3. The addition extends an existing exterior wall which fronts the side yard;
    4. The addition is no higher than the lesser of one (1) story or seventeen (17) feet; and
    5. The extended portion of the addition does not exceed 15 feet in length.

c. For all nonresidential main buildings in "R" and "RA" Districts: Double the side and rear yard requirements for the district in which said structures are located.

d. For all other residential buildings and for structures in all other districts: Ten (10) feet plus one (1) additional foot for each two and one-half (2 1/2) feet, or fraction thereof, of building height above twenty-five (25) feet, provided that on interior lots no structure shall be located closer than twenty-five (25) feet from a rear lot line.

e. For accessory buildings in "R" Districts: If said building is located fifteen (15) feet of the rear of all main buildings: (a) On interior lots, one (1) foot from side and rear lot lines, and (b) On corner lots, one (1) foot from the side lot line. This does not include air conditioning units.
    1. For additions to existing main buildings: No addition shall be located closer than eight (8) feet to any part of an existing accessory building.
    2. For new construction of accessory buildings with heights lower than one and one half (1 ˝) stories or twenty-five (25) feet, whichever is less, and footprint smaller than five-hundred and sixty (560) square feet in "R-5" or "R-6" Districts, or six hundred and fifty (650) square feet in any other Zoning District: No accessory building shall be located closer than eight (8) feet to any part of a main building; on interior lots, no accessory building shall be located closer than one (1) foot to a side or rear lot line and on corner lots, no accessory building shall be located closer than one foot to any side lot line. The provisions of this Subsection shall not apply to air-conditioning units.
    3. For accessory buildings of two (2) or more stories, or taller than twenty-five (25) feet, in "R" Districts: No such building shall occupy any part of a required rear yard or be located closer than ten (10) feet to any lot line. In addition, no such accessory building shall be located closer than fifteen (15) feet to a main building.

f. For two (2) story accessory buildings in "R" Districts: In no case shall a two-story accessory building occupy any part of a required rear yard nor be located closer than ten (10) feet to any lot line. For the purpose of side yard regulations, a semidetached dwelling shall be considered as one (1) building occupying one (1) lot. (11-20-76)

g. For the purpose of side yard regulations, a semidetached dwelling shall be considered as one (1) building occupying one (1) lot. (11-20-76)

3. Projections Allowed into Setbacks, Yards and Courts:

a. No building or structure, or addition thereto, other than walls or fences, shall extend into a required setback area, yard or court; except that chimneys may extend therein eighteen (18) inches, and the following unenclosed uses may extend therein no more than four (4) four (4) five (5) feet but not nearer than five (5) feet to any property line: Balconies; eaves, trim and fascia boards and similar architectural features; covered or uncovered, but unenclosed platforms, and and terraces, balconies, porches, or stoops, provided that they are part of one- or two-family dwellings, and are no more than one (1) story or seventeen (17) feet in height, whichever is shorter.

b. Air conditioning units are permitted in required side and rear yards, provided that they are in no event less than eight (8) feet from any side lot line or ten (10) feet from any rear lot line. However, air conditioning units screened with fence or vegetation may encroach into a required setback or yard, where it is located no closer than eight (8) feet to any front or rear lot line, and no closer than two (2) five (5) feet to any side lot line.

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List of Exhibits.

 

Following examples are attached to illustrate the proposed Zoning Ordinance amendments. These Zoning Ordinance amendments are for one- and two-family dwellings and their accessory structures.

  • Item #1: Subsection 32.D.1.c. and d.: Example of average frontage calculation.
  • Item #1: Subsections 32.D.1.c. and d.: Street setback modification.
  • Item #2: Subsection 32.D.2.b.: Additions in the substandard side yard.
  • Item #3: Subsection 32.D.2.e.: Distance between a main building and an accessory building.
  • Item #4: Subsection 32.D.3.b.: Projection of air conditioning units into a setback, rear yard, and side yard. (This was #5 in the staff report that was advertised.)