Zoning Ordinance Rewrite Change Highlights - Chapter 3: Uses

Chapter 3 specifies which uses are allowed in which zoning districts throughout the county. This is commonly referred to as “use permissions.” Depending on the zoning district, a use may be Permitted (commonly known as “permitted by-right”), allowed upon Board of Supervisors approval of a Minor Special Exception (SPMI) or Special Exception (SPEX) application, or not allowed. Chapter 3 also identifies which uses have additional Use-Specific Standards in Chapter 4 of the new Zoning Ordinance. These standards are unique to specific uses and intend to offset the impacts associated with a particular use, such as noise, screening or traffic.  

In the previous ordinance, use permissions were listed in each of the zoning district sections. The new ordinance consolidates all use permissions into a single chapter in table format for ease of use. The new Zoning Ordinance also consolidated some of the uses listed in the previous zoning ordinance, deleted some obsolete uses, added new uses, expanded where some uses are allowed, and changed some use permissions, for example from SPEX to Permitted with standards.   

Noteworthy differences in use permissions between the previous ordinance and the new ordinance include those for Data Center, Flex Building and Utility Scale Energy Storage Facility.  

Data Center 

In the previous ordinance, data centers were permitted (by-right) in the Office Park (OP) and Planned Development-Research and Development Park (PD-RDP) zoning districts. In the new ordinance, data centers may be allowed upon Board approval of a SPEX application in the OP and PD-RDP zoning districts. The new Zoning Ordinance also adds data center as a permitted use in the Mineral Resources-Heavy Industry (MR-HI) zoning district. 

Energy Storage Facilities 

In the previous ordinance, an Energy Storage Facility was only allowed by SPEX as a Transmission Utility Substation in industrial zoning districts: Mineral Resources-Heavy Industry (MR-HI), Industrial Park (IP), and General Industry (GI).   

The new Zoning Ordinance establishes two tiers of Energy Storage Facility:  Utility-Scale Energy Storage Facilities, which serve off-site uses and send power to the grid, and Site-Specific Energy Storage Facilities, which only serve the uses on the site where located. Site-Specific Energy Storage Facilities continue to be allowed countywide.  

The new ordinance also revises and expands where Utility-Scale Energy Storage Facilities may be allowed as follows: 

SPEX in Commercial Light Industry (CLI), Joint Land Management Area (JLMA)-1, JLMA-2, JLMA-3, and JLMA-20, Office Park (OP), Planned Development-Research and Development Park (PD-RDP), and Transitional Residential-10 (TR-10).  SPMI in Industrial Park (IP), General Industry (GI), and Mineral Resources-Heavy Industry (MR-HI).  

 Flex Building 

The newly adopted Loudoun County Zoning Ordinance updates the term “flex industrial” to “flex building” to reflect the changing nature of the uses that occupy these buildings (e.g., shifting away from industrial uses and towards non-industrial uses such as childcare center, indoor recreation, and religious assembly). In the previous ordinance, flex buildings were limited to industrial and office zoning districts. The new ordinance allows flex buildings without outdoor storage in urban and suburban zoning districts.  The new ordinance also clarifies that any use allowed in the zoning district is allowed within a flex building.   

Other Uses 

Other highlights for uses and use permissions in the new Zoning Ordinance that differ from those in the previous ordinance include:  

  • Adds new uses such as Entertainment Facility, Live/Work Dwelling, Dog Park, and Food Preparation.  
  • Changes Agricultural Processing as a standalone, principal use from a SPMI to Permitted, subject to use-specific standards. 
  • Expands where Trade Schools are allowed. 
  • Expands where Indoor Kennels are allowed. 
  • Changes Vehicle Sales from Permitted to a SPEX use in Commercial Center-Small Regional Center (CC-SC) and Planned Development-Mixed Use Business (PD-MUB). 
  • Allows Convention or Exhibition Facility as a SPEX use in Industrial Park (IP). 
  • Changes Wholesale Distribution, Warehousing and Storage from Permitted to a SPEX use in Commercial Light Industry (CLI).

Review additional details in the Loudoun County Zoning Ordinance.

Last updated 12/18/2023