Zoning Reference

What the ordinance says

(1) There are certain uses, like those regulated by special exception or special permit, which by their nature or design can have an undue impact upon or be incompatible with other uses of land. The Board or BZA, as applicable, may approve a special exception or special permit that complies with all applicable standards, that will be compatible with existing and planned development in the general area, and that, as conditioned, will be compatible with the neighborhood where it is proposed to be located. If it determines that the use is not in accordance with all applicable standards of this Ordinance, the Board or BZA, as applicable, must deny the special exception or special permit.

(2) In addition to all other applicable standards, all special exception or special permit uses must comply with the following general standards:

(a) The proposed use at the specified location must be in harmony with the Comprehensive Plan.

(b) The proposed use must be in harmony with the general purpose and intent of the zoning district where it is to be located.

(c) The proposed use, including its design and operational characteristics, must not adversely affect the use or future development of neighboring properties… The location, size and height of buildings, structures, walls, and fences, as well as the nature and extent of screening, buffering and landscaping cannot hinder or discourage the appropriate development and use, or impair the value of, adjacent or nearby land or buildings.

(d) Pedestrian and vehicular traffic associated with the use must not be hazardous or conflict with the existing and anticipated traffic in the neighborhood.

(e) Adequate utility, drainage, and other necessary facilities to serve the proposed use must be provided.

(f) Signs are regulated by Article 7…

Fairfax County Zoning Ordinance § 4102.1.F.

In plain language

A Special Exception is not granted automatically. The Board reviews the proposal against six general standards. Compliance with each is required; the ordinance directs that an application failing any applicable standard must be denied. The standards address harmony with the Comprehensive Plan, harmony with the zoning district’s purpose, neighborhood compatibility, traffic, utilities, and signs.

R-1 District purpose statement (§ 2102.4.A)

The R-1 District provides for single-family detached dwellings on large lots and allows other uses that are compatible with the low-density residential character of the district.

Fairfax County Zoning Ordinance § 2102.4.A.

By-right standards (Table 2102.4)

The R-1 District’s standard development thresholds, by right:

Fairfax County Zoning Ordinance Table 2102.4.

Compatibility and operating programs (§ 4102.4.Q(7))

Independent living facilities must provide on-site staff and services that adequately and satisfactorily provide for the needs of the residents… The development must also provide specific facility maintenance and operating programs to ensure that the facility meets the needs of the residents and is compatible with the neighborhood.

Intensity and surrounding scale (§ 4102.4.Q(8))

The intensity of the proposed use must be consistent with the scale of the surrounding neighborhood based on the total gross floor area, floor area ratio, and number of dwelling units.

Required access (§ 4102.4.Q(9))

The use must front on, and have direct access to, a collector or arterial street.

Density multiplier table (§ 4102.4.Q(10)(a))

The independent living use category permits density above the underlying R-1 limit, scaled to the Comprehensive Plan’s recommendation for the site.

Excerpt from Table § 4102.4.Q(10)(a). The full table covers densities from 0.2 du/ac through 12+ du/ac.

The table sets a maximum. Reaching the maximum still requires the proposal to satisfy the compatibility and intensity tests in § 4102.4.Q(7) and (8), and the general Special Exception standards in § 4102.1.F.

Mandatory affordable dwelling units (§ 4102.4.Q(11))

Regardless of building construction type, all independent living facilities, whether approved through a rezoning or as a special exception, must provide affordable dwelling units when the multiplier set forth above is used or when the parking rate specified in Article 6, for independent living facilities is used. A minimum of 15 percent of the total number of dwelling units must be Affordable Dwelling Units (ADUs)…

The 15% ADU requirement is the floor that applies whenever the multiplier is used. It is a requirement of the ordinance, not an optional commitment.

Building height in residential districts (§ 4102.4.Q(14))

In residential districts, the maximum building height is 50 feet, except that the maximum building height is 35 feet when the structure is designed to look like a single-family detached dwelling and utilizes the applicable residential district minimum setback requirements…, subject to further limitations by the Board to ensure neighborhood compatibility.

The ordinance provides two height paths for independent living facilities in residential districts: a 50-foot ceiling, or a 35-foot ceiling for buildings designed to look like single-family detached dwellings. The Board may impose further height limitations to ensure compatibility.

Setbacks (§ 4102.4.Q(15)(a))

For independent living facilities located in any other structure or district, the minimum front, side, and rear setback requirements must be as follows: (a) 50 feet where the yard abuts or is across a street from an area adopted in the Comprehensive Plan for 0.2 to eight dwelling units per acre.

Maximum density (§ 5100.2.E(1)(b))

The maximum density and intensity specified for a given zoning district may not be exceeded, except as otherwise permitted by this Ordinance. Maximum density means the number of dwelling units per acre…

Continuation of nonconformities (§ 8104.1.A(1))

Any nonconforming use… or any nonconforming structure may be continued but may not be enlarged, intensified, extended, or structurally altered, except as may be permitted by [§ 8104.4 or as a reasonable accommodation].

Existing finding for this site

On March 18, 2025, Fairfax County Deputy Zoning Administrator Sara Morgan issued a written determination addressed to applicant counsel. The determination found that the W. J. Cash subdivision is already density-nonconforming under R-1 zoning at 1.05 du/ac, and that removing the subject parcels from the subdivision for rezoning would increase the remaining subdivision’s density to 1.77 du/ac, further aggravating the existing nonconformity.

Read the determination (PDF) →

1. Age-related residency (§ 4102.4.Q(2))

A waiver to permit residents aged 55 and older. The underlying section ties eligibility to the Federal Fair Housing Amendments Act’s age-related exemptions, which include both 62+ and 55+ pathways.

2. Direct access to a collector or arterial (§ 4102.4.Q(9))

A waiver of the requirement that the use front on, and have direct access to, a collector or arterial street. The applicant proposes a single vehicle entrance on Steinway Street, a residential street, approximately 300 feet from Beulah Street (the collector).

3. Transitional screening on the southern boundary (Table 5108.2)

A modification to allow portions of the transitional screening yard along the southern property line to be free of plantings, citing a 100-foot VEPCO easement. The default requirement for the boundary type at issue is Transitional Screening Type 2 (a 35-foot planted strip with 75% canopy and at least 70% evergreens).

4. Barrier on the southern boundary (§ 5108.5)

A waiver to eliminate the required physical barrier along the southern property line, again citing the VEPCO easement. The default requirement for the boundary type at issue is Barrier Type D or E (a 6-foot solid wall or fence).

5. Street trees on Private Street B (§ 5108.3.A)

A modification to allow fewer street trees than required along the east side of Private Street B, with additional trees proposed on the west side of the same private street to offset.

6. Tree preservation (PFM Chapter 12-0308)

A waiver of the Public Facilities Manual’s tree preservation target, to be requested at the site plan stage. The applicant’s justification cites the condition and species composition of existing trees.

The complete Fairfax County Zoning Ordinance is published online by the county. The county’s hosted version is the authoritative source and reflects the most recent amendments.

Fairfax County Zoning Ordinance — online viewer (encodeplus.com)

For the application’s primary documents and the March 2025 zoning determination, see the Key Documents page.