Use Permits for Public Space Design Processes

Most public spaces are zoned S-3A, which permits buildings to be as tall as 45 feet. This generally allows for a building of 3-4 floors. Based on the programming provided within a Department of Parks and Recreation (DPR) operated facility, buildings may need to be designed with an additional floor or additional height that would push the building beyond the maximum height prescribed by the Zoning Ordinance.

In an S-3A district, the maximum height for any structure, including lights, is 45 feet. Lights are one of the types of mechanical equipment that can extend an additional 23 feet, permitting a total maximum height of 68 feet. Current athletic field lighting technologies can now provide reduced light spillage and glare, but sometimes exceed maximum height standards.

In most cases, side and rear yard setbacks between a structure (e.g., buildings, athletic court lighting, etc.) and a property line must be at least 10 feet, with additional distance required when the structure exceeds 25 feet in height. There are some cases where there is technically enough room for structures such as lights or small restrooms, but they would exceed the minimum setback requirement.

Currently, the only structures allowed within setbacks are pedestrian and trail lighting up to 15feet in height. For smaller parks, within setbacks may be the most optimal location for athletic field lighting to maximize space for the athletic activity and/or to adequately illuminate the play area, while ensuring the light is focused on the playing surface. However, these lights would violate the current setback standard because athletic field and court lights exceed current heights standards.

Fences and walls located within a required setback (close to the property line/sidewalk) can currently be as tall as 8 feet in height, but may need to be taller in certain circumstances. Retaining walls, like the ones seen for Oak Grove Park and the ones under consideration for Bluemont Park, may need to be taller than 8 feet to control steep slopes and grade changes. Some athletic facilities, such as basketball and tennis courts, use taller fences to prevent balls from escaping the activity area – the minimum as is could force an elimination of that amenity.

Parking requirements can vary based on the type of DPR facility. For example, outdoor facilities (ex. basketball courts) and indoor facilities (ex. the “bubble” covering the rectangular field at Gunston Middle School) require 1 parking space to be provided for every 300 square feet of area used for recreational purposes. Tennis courts require 3 parking spaces for every 1 court and fitness centers require 1 space for every 50 square feet of gross floor area.

In some instances, the required amount of parking may result in excessive area in a public space being devoted to automobile parking despite other access already provided by transit, bicycle, and pedestrian facilities. Some public spaces have plentiful street parking options that are not regularly used by businesses and/or residents which can be utilized; parking requirements could also be reduced to increase existing tree preservation and/or reduce impervious surfaces for purposes of stormwater management.

Signs in public spaces must adhere to several zoning standards. Only one freestanding sign per entrance can be installed in a public place, and freestanding signs must be set back 10 feet from a sidewalk or 5 feet from other property lines. Freestanding signs may be as large as 60 square feet in sign area. Flags, which are considered signs for purposes of zoning, can only be flown from a flagpole that is located within 30 feet of the principal entrance of a main building. Moreover, signs erected by concessionaires and/or event sponsors are permitted only when the sign is not legible from public right-of-way, and only if the sign is within a facility that is at least 200 feet or more from the nearest right-of-way.

Increasingly, the County utilizes creative, unique signage to identify public spaces. Signs for wayfinding and education are commonly used, but must be limited to no more than 6 square feet in size. In limited instances, additional signs or larger signs can better accomplish these goals particularly when located near frequently used pedestrian routes.