Use Permits and Special Exception Procedures in Arlington County
In Arlington County, a Use Permit (often referred to as a Conditional Use Permit) is a special exception authorization required for specific land uses that are not permitted by-right within a zoning district. The Arlington County Board evaluates these applications to ensure the proposed use does not adversely affect the health or safety of the neighborhood and remains consistent with the County’s master plans. Approved Use Permits typically require construction or operation to commence within one year of approval, though the Arlington County Board may extend this period to three years [Section 15.4].
Overview of Use Permits in Arlington County
Arlington County utilizes the "U" designation in its principal use tables to indicate that a specific use requires a special exception Use Permit. This process allows the Arlington County Board to review and impose conditions on developments that might otherwise impact public welfare or surrounding property values. Use Permits are required in various settings, including Public (P) districts, Residential (R) districts, Commercial (C) districts, and Industrial (M) districts [Section 4.1.2, Section 5.1.2, Section 7.1.2, Section 8.1.2].
Application Requirements
Any person or entity seeking a Use Permit in Arlington County must file a written application with the Arlington County Zoning Administrator. This application must be accompanied by specific documentation to allow for a thorough review by County staff and the Arlington County Board.
Required Documentation
- Proof of Ownership: The Arlington County applicant must file a complete disclosure of the equitable ownership of the real estate, including the names and addresses of all parties in interest [Section 15.1.4].
- Plot Plans: Applications must include plot plans drawn to scale showing lot shapes, dimensions, and the locations of all existing and proposed buildings [Section 15.1.2].
- LEED Scorecard: For projects requiring a Use Permit, the Arlington County applicant must provide a completed LEED Scorecard or a comparable reporting mechanism to analyze sustainable design components [Section 15.1.6].
- Topographic Survey: In cases involving new construction or significant grading, the Arlington County Zoning Administrator may require a topographic survey showing existing and proposed grades [Section 15.1.2, Section 15.1.6].
Application Fees and Refunds
Fees must be paid at the time of filing in accordance with the schedule adopted by the Arlington County Board. If an application is withdrawn early, the applicant may be eligible for a partial refund.
| Application Status / Type | Refund Percentage | Condition for Refund |
|---|---|---|
| Use Permit (General) | 50% | Withdrawal prior to the publication of notice of public hearing |
| Use Permit (New Construction) | 50% | Withdrawal within 30 days of submittal and before staff review begins |
| Administrative Change | 75% | Withdrawal prior to the commencement of staff review |
| Accepted in Error | 100% | Refunded if the Zoning Administrator finds the application was accepted in error |
[Section 15.1.5]
Evaluation and Required Findings
Before the Arlington County Board can approve a Use Permit, a duly advertised public hearing must be held. The Board must make the following specific findings:
- The use will not affect adversely the health or safety of persons residing or working in the neighborhood.
- The use will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood.
- The use is not in conflict with the purposes of the Arlington County master plans [Section 15.4.3].
Permit Validity and Extensions
Once an Arlington County Use Permit is granted, the applicant must adhere to strict timelines to maintain the permit's validity.
| Event | Time Limit |
|---|---|
| Commencement of Construction or Operation | 1 year (Standard) |
| Maximum Extension of Commencement | Up to 3 years total (By County Board approval) |
| Discontinuance of Use | 2 years (Permit becomes void) |
| Time Lapse for Re-application | 360 days (If a similar application was previously considered/denied) |
[Section 15.4.5, Section 15.4.6]
Administrative Changes
The Arlington County Zoning Administrator has the authority to approve minor modifications to previously approved Use Permits. These changes must comply with the spirit of the Arlington County Zoning Ordinance and the original intent of the Arlington County Board’s approval [Section 15.4.7].
Sections Cited
- Article 4, Public (P) Districts
- Article 5, Residential (R) Districts
- Article 7, Commercial/Mixed Use (C) Districts
- Article 8, Industrial (M) Districts
- Section 15.1.2, Building permits
- Section 15.1.4, Proof of ownership
- Section 15.1.5, Fees
- Section 15.1.6, Special submittals for use permit and site plan
- Section 15.4.1, Applicability
- Section 15.4.2, Application requirements
- Section 15.4.3, Required findings
- Section 15.4.5, Period of validity
- Section 15.4.6, Time lapse between similar applications
- Section 15.4.7, Administrative change