Minor Deviations and Administrative Adjustments in Arlington County
In Arlington County, the Zoning Administrator has the authority to approve minor modifications to approved site plans and use permits, provided the changes remain consistent with the spirit of the Arlington County Zoning Ordinance and the original intent of the County Board. Any adjustment that exceeds specific thresholds—such as a height increase of more than 12 feet or a density change greater than 5 percent—is classified as a major amendment and requires a formal public hearing and County Board approval rather than an administrative adjustment.
Administrative Changes to Site Plans and Use Permits
The Arlington County Zoning Administrator may approve minor modifications to approved use permits if those changes comply with the spirit of the ordinance, the original intent of the County Board's approval, and the general purpose of the Arlington County Comprehensive Plan [§15.4.7].
For developments requiring site plan approval, an "Administrative Change" is defined as a minor modification that adheres to these same standards [§15.5.3.C]. Specifically, the subdivision of land within an approved Arlington County site plan can be processed as an administrative change if it meets the following criteria:
- The density allocation is consistent with the zoning and the approved site plan.
- Parking remains consistent with the approved site plan.
- Public improvements are consistent with the original approval.
- All conditions of the approved site plan are met or bonded appropriately [§15.5.3.B].
Thresholds for Major vs. Minor Amendments
To determine if a deviation requires a full public review or can be handled as a minor adjustment, Arlington County applies specific numeric thresholds. If any of the following limits are exceeded, the request is considered a "Major Amendment" [§15.5.3.A]:
| Category of Change | Threshold for Major Amendment |
|---|---|
| Principal Use Floor Area | Change greater than 5% of total floor area |
| Total Building Density | Change greater than 5% of total floor area |
| Building Height | Increase of more than 12 feet |
| First Floor Gross Floor Area (GFA) | Change greater than 20% of the first-floor area |
| Site Area | Any change in site area used to calculate density |
| General Significance | Any change determined significant by the Zoning Administrator |
Permitted Encroachments into Required Yards
The Arlington County Zoning Ordinance allows for specific minor deviations from standard yard requirements as "permitted encroachments." These do not require separate administrative approval if they fall within the following limits [§3.2.6.A.3]:
| Feature | Permitted Encroachment Standard |
|---|---|
| Bay and Oriel Windows (without floor space) | Up to 18 inches into required yards |
| Chimneys | Up to 18 inches into required yards |
| Balconies, Eaves, and Trim | Up to 4 feet (must be 5+ feet from property line) |
| Decks and Patios (8+ inches above grade) | Up to 4 feet (must be 5+ feet from property line) |
| Porches (Interior Lots) | Up to 4 feet into front/rear yards (must be 21+ feet from ROW) |
| Stairs and Steps | May encroach if 5+ feet from lot line (if <8 inches grade, may reach line) |
Administrative Adjustments for Specific Uses
Arlington County provides additional paths for minor adjustments for specialized developments:
Parking and Loading Adjustments
The Zoning Administrator is authorized to permit construction of benches, shelters, and bike share stations even if they technically violate setback or yard requirements, provided a public authority requests them and they do not adversely affect traffic safety [§3.2.6.A.3(f)]. Furthermore, the Zoning Administrator may allow minor encroachments into parking spaces that reduce width, length, or height clearance [§14.3.3.L].
Historic Districts
In designated Arlington County historic districts, the Historical Affairs and Landmark Review Board (HALRB) may authorize its designee to administratively issue Certificates of Appropriateness (CoA) for specific categories of minor modifications. This allows for faster processing of routine changes that meet the established historic district design guidelines [§15.7.2].
Signage Modifications
For properties with an approved Comprehensive Sign Plan, the Zoning Administrator may approve certain amendments administratively. This includes the substitution of approved signs placed below a height of 40 feet with new signs of no greater cumulative area, provided they fully comply with Article 13 standards [§13.18.3.D.3].
Sections Cited
- §3.2.6.A.3 Encroachments allowed into required yards and courts
- §13.18.3 Changes to nonconforming signs
- §14.3.3.L Encroachment into parking spaces
- §15.4.7 Administrative change (Use Permits)
- §15.5.3 Scheduling (Site Plan Amendments)
- §15.7.2 Required findings for administrative approval (CoA)