CPHD
Special Exception Use Permits
On December 9, 2006 the County Board adopted an amendment to Section 36 of the Arlington County Zoning Ordinance (Section 36) to authorize the Board of Zoning Appeals (BZA) to grant Special Exception Use Permits (Use Permits) that modify requirements contained in the Zoning Ordinance with respect to physical requirements of improvements on a lot or parcel of land, including setback and other placement requirements.
The Amendment to Section 36 authorizes the BZA to grant Use Permits that modify the placement of structures on lots in “R-20”, “R-10”, “R-8”, “R-6”, “R-5” and “R2-7” districts where there is no option in the Zoning Ordinance to allow modification of requirements by the County Board, such as special exception use permits described in Section 36.G. or site plans described in Section 36.H. The Board of Zoning Appeals may impose conditions on the use permit that it deems necessary in the public interest, including limiting the duration of the use permit.
The BZA shall not approve a use permit unless it finds:
That the proposal will not affect adversely the health or safety of persons residing in the neighborhood.
That the proposal will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood.
That the proposal will not be in conflict with the purposes of the master plans and land use and zoning related policies of the County.
In determining whether the proposal will be detrimental to the public welfare, injurious to property or improvements in the neighborhood or will adversely affect the health or safety of persons residing in the neighborhood, the BZA shall consider whether the modification will promote compatibility of development with the surrounding neighborhood because the structure's overall footprint size and placement are similar to the structures on the properties surrounding the lot in question; and whether the modifications will help preserve natural land form, historical features and/or significant trees and foliage.
Because a Use Permit may only be approved if the BZA can make all of the three findings, consideration should be given as to whether a proposed addition or structure could be placed in another location or designed to alleviate the need for a Use Permit. If there is no other option, then care should be given to the design so that the structure's overall footprint size and placement are compatible with the development on the surrounding properties and preserve natural land form, historical features and/or significant trees and foliage.
If the BZA can make all of the three findings, it may approve a Use Permit as requested, or in part. The BZA may impose conditions that it deems necessary in the public interest, including limiting the duration of the Use Permit.
If, approved, a Use Permit must be put into effect within one year of the date of the approval or it shall be null and void.
