Attachment 2 A-3 (A) In all yards or setbacks, including a front yard:

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3 Section Permitted Structures in Required Yards and Setbacks. The following shall be allowed in a required yard or setback, provided applicable sight distance and fire safety requirements are met and maintained: (A) In all yards or setbacks, including a front yard: (1) Fences, provided that no fence in a required residential front yard shall exceed 3 1/2 feet in height. (2) Ground level terraces, patios or decks not over thirty (30) inches high which do not include a permanently roofedover terrace or porch. (3) Awnings or canopies provided they do not project more than four (4) feet from the existing building face. (4) Bay windows and overhanging floors, eaves and gutters projecting 30 inches or less into the yard. (5) Architectural features, chimneys or the like projecting a maximum of 24 inches into a side or rear yard or three (3) feet into a front yard provided that such projection does not reduce the width of a yard to less than three (3) feet. (6) Covered porches, enclosed or unenclosed, may project a maximum of three (3) feet provided such projection does not reduce the width of the yard to less than three (3) feet. (7) Arbors and trellises. (8) Flag poles. (9) Recreational equipment. (10) Signs, pursuant to Section (11) Bus Shelters (12) Entry stairs or handicap ramps including rails. (B) In any yard or setback, except the front yard or setback. (1) Clotheslines. (2) Fences shall not exceed eight (8) feet in height in residential areas. Section Revision Date: December 3, 2007April 8, 2015 Attachment 2 A-3

4 (3) Balconies projecting a maximum of four (4) feet provided they do not reduce the width of the yard to less than three (3) feet. (4) Air conditioners condensers rated at 24,000 BTU 5 tons or less which do which are not discharge air within five four (54) feet of any lotproperty line and air conditioners condensers rated at over 24,000 BTU 5 tons which do which are not discharge air within twelve (12) feet of any lotproperty line. (5) In conjunction with a single family dwelling only, any nonhabitable, one-story accessory structure which is not within five (5) feet of a rear or side property line or a common wall in portions of required yards which are located as follows: (a) (b) On regular lots, at least sixty (60) feet from street rights of-way or private access easement lines at the front of the lot, and at least twenty-five (25) feet from any street rights-of-way or private access easement lines at the side of the lot. On irregular lots, at least forty (40) feet behind the front line of any building adjacent to the lot line, and at least twenty-five (25) feet from any access easement. (6) In conjunction with a single family detached dwelling only, an attached garage that is not within five (5) feet of a rear or side property line, subject to the following standards: (a) (b) (c) In no case shall the distance between the attached garage and structures, excluding detached, nonhabitable structures, on the adjacent property be less than 16 feet. No windows or doors shall be permitted on the side of the attached garage that is located within the required yard. No portion of the principal structure other than the attached garage shall be permitted within the required yard. Section Revision Date: December 3, 2007April 8, 2015 A-4

5 (d) (e) The attached garage shall not be converted into habitable space. No second story addition over the attached garage shall be permitted which extends into the minimum required yard for the district, except as provided herein. (7) Detached garage located at the rear of a lot which has been developed following lot requirements for the Traditional Design Option which is attached to a similar garage on a contiguous lot may be located within the side yard setback and within two (2) feet of the rear property line. No rear yard shall be required on such lots for garages which are accessed from the front of the lot. (8) In conjunction with Section 5-500(A), temporary buildings for the storage of construction materials, subject to the following standards: (a) (b) (c) (d) The height of a temporary building shall not exceed nine (9) feet from average finished grade to the peak of the roof. The temporary building shall be setback from any property line a minimum distance equal to its height. Except for the temporary building, no outdoor storage of construction related materials may be located anywhere within a minimum required yard. With the issuance of the Zoning Permit, the Zoning Administrator may impose conditions to mitigate any adverse impact on abutting properties to include fencing and screening requirements. (9) For single family detached houses, decks exceeding thirty (30) inches in height but no closer than five (5) feet to a rear or side lot line. (10) For single family attached dwellings, decks exceeding thirty (30) inches in height may extend to the interior side lot line and no closer than five (5) feet to any other lot line. Section Revision Date: December 3, 2007April 8, 2015 A-5

6 Section Permitted Structures in Required Yards and Setbacks. The following shall be allowed in a required yard or setback, provided applicable sight distance and fire safety requirements are met and maintained: (A) In all yards or setbacks, including a front yard: (1) Fences, provided that no fence in a required residential front yard shall exceed 3 1/2 feet in height. (2) Ground level terraces, patios or decks not over thirty (30) inches high which do not include a permanently roofedover terrace or porch. (3) Awnings or canopies provided they do not project more than four (4) feet from the existing building face. (4) Bay windows and overhanging floors, eaves and gutters projecting 30 inches or less into the yard. (5) Architectural features, chimneys or the like projecting a maximum of 24 inches into a side or rear yard or three (3) feet into a front yard provided that such projection does not reduce the width of a yard to less than three (3) feet. (6) Covered porches, enclosed or unenclosed, may project a maximum of three (3) feet provided such projection does not reduce the width of the yard to less than three (3) feet. (7) Arbors and trellises. (8) Flag poles. (9) Recreational equipment. (10) Signs, pursuant to Section (11) Bus Shelters (12) Entry stairs or handicap ramps including rails. (B) In any yard or setback, except the front yard or setback. (1) Clotheslines. (2) Fences shall not exceed eight (8) feet in height in residential areas. A-6

7 (3) Balconies projecting a maximum of four (4) feet provided they do not reduce the width of the yard to less than three (3) feet. (4) Air conditioner condensers rated at 5 tons or less which are not within four (4) feet of any property line and air conditioner condensers rated at over 5 tons which are not within twelve (12) feet of any property line. (5) In conjunction with a single family dwelling only, any nonhabitable, one-story accessory structure which is not within five (5) feet of a rear or side property line or a common wall in portions of required yards which are located as follows: (a) (b) On regular lots, at least sixty (60) feet from street rights of-way or private access easement lines at the front of the lot, and at least twenty-five (25) feet from any street rights-of-way or private access easement lines at the side of the lot. On irregular lots, at least forty (40) feet behind the front line of any building adjacent to the lot line, and at least twenty-five (25) feet from any access easement. (6) In conjunction with a single family detached dwelling only, an attached garage that is not within five (5) feet of a rear or side property line, subject to the following standards: (a) (b) (c) (d) In no case shall the distance between the attached garage and structures, excluding detached, nonhabitable structures, on the adjacent property be less than 16 feet. No windows or doors shall be permitted on the side of the attached garage that is located within the required yard. No portion of the principal structure other than the attached garage shall be permitted within the required yard. The attached garage shall not be converted into habitable space. Section Revision Date: April 8, 2015 A-7

8 (e) No second story addition over the attached garage shall be permitted which extends into the minimum required yard for the district, except as provided herein. (7) Detached garage located at the rear of a lot which has been developed following lot requirements for the Traditional Design Option which is attached to a similar garage on a contiguous lot may be located within the side yard setback and within two (2) feet of the rear property line. No rear yard shall be required on such lots for garages which are accessed from the front of the lot. (8) In conjunction with Section 5-500(A), temporary buildings for the storage of construction materials, subject to the following standards: (a) (b) (c) (d) The height of a temporary building shall not exceed nine (9) feet from average finished grade to the peak of the roof. The temporary building shall be setback from any property line a minimum distance equal to its height. Except for the temporary building, no outdoor storage of construction related materials may be located anywhere within a minimum required yard. With the issuance of the Zoning Permit, the Zoning Administrator may impose conditions to mitigate any adverse impact on abutting properties to include fencing and screening requirements. (9) For single family detached houses, decks exceeding thirty (30) inches in height but no closer than five (5) feet to a rear or side lot line. (10) For single family attached dwellings, decks exceeding thirty (30) inches in height may extend to the interior side lot line and no closer than five (5) feet to any other lot line. Section Revision Date: April 8, 2015 A-8

9 ARTICLE 8 - DEFINITIONS Words and terms set forth below shall have the meanings ascribed to them. Any word, term, or phrase used in this Ordinance not defined below shall have the meaning ascribed to such word, term or phrase in the most recent edition of UWebster's Unabridged DictionaryU, unless in the opinion of the Zoning Administrator, established customs or practices in Loudoun County, Virginia justify a different or additional meaning. For the purpose of this Ordinance, certain words and terms are herein defined as follows: UA Agritainment: Events and activities such as corn mazes, hay rides and petting zoos, that allow for recreation, entertainment and tourism in conjunction with agriculture support and services directly associated with on-going agricultural activity on-site. Air conditioner condenser: An outdoor appliance or device, including the outdoor component of a heat pump system, that is designed to increase or decrease the thermal temperature of air for building spaces, typically to improve thermal comfort. An air conditioner condenser generally comprises a compressor, cooling fins and tubes, coolant tubes, and a fan, and its performance is dependent on air-flow. The appliance may or may not be a component of a heat pump system. Airport/landing strip: Any area designed and used for the takeoff and landing of small private aircraft, having no more than one air strip. Article 8 - Definitions Revision Date: January 21April 8, 2015 A-9

10 Memorandum Date: August 18, 2014 To: From: Re: Board of Supervisors Patrick Quante ZOAG Chair Air Conditioning Units (Residential) Recommendation ZOAG recommends the Loudoun County Board of Supervisors initiate an intent to amend the Zoning Ordinance concerning SECTION 5-200, Permitted Structures in Required Yards and Setbacks, specifically item (B) (4) Air Conditioners. Furthermore, given the possible scheduling issues and the relatively brief nature of the request, ZOAG desires for the County to pursue the ordinance change quickly. To that end, ZOAG desires the amendment move forward through the process on its own, without being bundled with other items. Background Over the past year there have been changes in the way Loudoun County enforces the Zoning Ordinance with reference to air conditioning units in side yards for residential homes. The current strict enforcement has changed how Loudoun County administers the ordinance and the changes have created widespread issues with the home building industry. In 2013 the Northern Virginia Building Industry Association (NVBIA) approached ZOAG member Joe Paciulli to determine if ZOAG could forward a recommendation to the Board of Supervisors. Following further discussions with county staff, NVBIA has requested ZOAG at its June 11 meeting for a recommendation to request the Board of Supervisors to initiate an intent to amend the Zoning Ordinance concerning the placement of air conditioning units. At the June 11, 2014 Zoning Ordinance Action Group (ZOAG) meeting, ZOAG voted to recommend the Loudoun County Board of Supervisors initiate an intent to amend the Zoning Ordinance concerning SECTION 5-200, Permitted Structures in Required Yards and Setbacks, specifically item (B) (4) Air Conditioners. Discussion The Zoning Ordinance has provisions to permit various structures to be placed within required yards and setbacks. An air conditioning unit is one such example of an object that does not have to meet the same setback requirement as the actual building structure. It is very common that air conditioning units are placed along the side of a house. This is done mechanically for proximity and efficiency with the remaining portions of the air conditioning system that is Attachment 3 A-10

11 within the house. Homeowners also prefer this placement so as to allow greater rear yard use and enjoyment. It is believed the current Ordinance provision has been in existence since the mid 1990 s, and there is no firsthand knowledge of it being enforced as it is today. In 2013 enforcement began and created very costly impacts and homeowner complaints. The current ordinance also stipulates a size of unit that at the time written may have been common and of average size; but today is smaller than units used for residences. The following outlines discussion concerning the effects of the current Ordinance being enforced: The change in enforcement has had a negative effect on homeowners as the air conditioning units have had to be moved to the rear and often are conflicting with their rear windows. Many new home designs have rear courtyards between the house and rear entry garage. Forcing the air conditioning units to this rear area limits the only space that homeowners may have for outdoor living and destroys any opportunity to have a deck or patio in that area. Homeowners affected are upset this change has been made from the original plans they purchased from. The forcing of the air conditioning units to the rear is not how their neighbor s home is configured and they do not understand why a difference is needed. Air conditioning condensers are today referred to sized in Tons, not BTU. Specification research indicates only a 2dB increase in noise from a 1.5 Ton to a 5 Ton air conditioner. A 24,000 BTU unit 20 years ago produced more noise than the comparably sized units used today. A 24,000 BTU unit 20 years ago was used for the same purpose as a 4 to 5 ton unit today and occupies approximately the same space. Single family attached and detached homes require a minimum of a 2.5 ton unit for every house. The placement of an AC unit larger than 2.5 tons on the rear of a home restricts a homeowner from future enhancements to their home (i.e. deck, patio, etc). Homes are commonly Energy Star inspected and certified. Moving the AC unit to the rear requires a longer line set from the outdoor unit to the indoor furnace/air handler. This could mean less efficiency for the homeowner, ultimately affecting the energy savings they re expecting. Improvements to HVAC equipment over the years has dramatically changed the efficiency and sound of the equipment. The new equipment used in today s construction is larger, but much quieter and more efficient than when this Zoning Ordinance was originally written. With high efficiency equipment, there is an intake/exhaust required for the equipment. Placing these on the rear of the home limits how and where they can go due to code issues with clearance limits. 2 A-11

12 Proposed Ordinance (Revisions highlighted in red) SECTION Permitted Structures in Required Yards and Setbacks. The following shall be allowed in a required yard or setback, provided applicable sight distance and fire safety requirements are met and maintained: (B) In any yard or setback except the front yard or setback. (4) Air conditioners rated at 24,000 BTU or less which do not discharge air within five (5) feet of any lot line, and air conditioners over 24,000 BTU which do not discharge air within twelve (12) feet of any lot line. Air conditioner condensers rated at 5 Tons or less within four (4) feet of any lot line, and any air conditioner condensers over 5 tons within twelve (12) feet of any lot line. 3 A-12

13 County of Loudoun Department of Planning and Zoning MEMORANDUM DATE: February 4, 2015 TO: FROM: Joseph Carter, AICP, CZA, GISP, Senior Planner Community Planning Richard Klusek, AICP, Senior Planner Community Planning SUBJECT: ZOAM , Amendments to the Zoning Ordinance Heating Ventilation and Air Conditioning (HVAC) Equipment in the required yards and setbacks The Board of Supervisors has initiated an amendment to the Revised 1993 Zoning Ordinance to amend section 5-200, Permitted Structure in Required Yard and Setbacks, to clarify an/or revise the scale and/or rating of HVAC equipment that is permitted to encroach in the required side and rear yards and setbacks and the distance that such HVAC equipment is permitted to encroach in the required side and rear setbacks. More specifically, Section 5-200(B)(4) currently permits air conditioners rated at 24,000 BTU or less to be located within 5 feet of any lot line and air conditioners rated over 24,000 BTU to be located within 12 feet of any lot line. The proposed ordinance amendments will change the rating of units from BTUs to tons and will also increase the capacity of permitted units. For clarification, 24,000 BTUs is equivalent to a 2 ton unit and the proposed ordinance amendments would allow for units rated at 4 tons or less to be located within 5 feet of any lot line and air conditioners rated over 4 tons to be located within 12 feet of any lot line. In effect the proposed amendments will allow units with higher cooling capacities (typically larger sized units) to be located in the setbacks. There are two potential issues associated with the proposed amendments where the larger air conditioning units may disturb neighbors. First, it is possible that the larger units will result in higher noise levels and negatively affect the ability of neighboring property owners to enjoy their side and rear yards. Secondly, given the larger physical dimensions, the overall intent of the setbacks, which is to create a separation between buildings, may be compromised. Attachment 4 A-13

14 ZOAM Community Planning Referral February 4, 2015 Page 2 of 2 Notwithstanding these potential issues which are more technical in nature and dependent on the characteristics of the specific equipment to be used, the Revised General Plan does not include any specific language pertaining to noise or structures in setbacks. While Staff recommends that these issues be considered as the Zoning Ordinance Amendment moves forward, no specific conflicts with respect to the Revised General Plan have been identified. Staff is available to discuss comments. cc: John Merrithew, AICP, Acting Director Cindy Keegan, AICP, Program Manager, Community Planning (via ) A-14

15 ZOAG Referral Comments - February 4, 2015 Prepared by Joe Paciulli, ZOAG Subcommittee ZOAM HVAC in Required Yards and Setbacks At the ZOAG meeting on February 4, 2015 ZOAG disagreed with the current staff proposal and reaffirmed its position on the following: The size of the units allowed to reduce the required yards should be separated at under 5 tons and over 5 tons (not 4 tons). The change to 4 tons does not capture a portion of the types of A/C units used in residential housing in Loudoun County. The difference between 4 and 5 ton units creates no greater adverse impact. The dimension recommended by ZOAG should remain at 4 feet (not 5 feet) for the under 5 ton units. This dimension adequately allows the units to fit in the common side yard dimensions used in much of Loudoun s subdivisions. There is adequate clearance from the unit to property line if 4 feet is used and no adverse impact is know if 4 is used instead of 5. For over 5 tons, the reduction to 12 feet should remain in the Ordinance. In addition, ZOAG disagrees that the wording in conjunction with single family dwelling only be included. We feel this wording should be removed. Previously the Ordinance did not include this limitation. ZOAG feels that creating this restriction on commercial, industrial and multifamily will have many adverse unintended consequences. The best example of this would be the two over two townhouse developments that currently allow this reduction. Changing the rules at this time is not advised. Creating a limitation where none existed before should not be pursued. ZOAG recommends the following Ordinance wording: Air conditioners rated at 5 tons or less within four (4) feet of any lot line and air conditioners rated over 5 tons within twelve (12) feet of any lot line. A-15

16 Loudoun County, Virginia Department of Fire, Rescue and Emergency Management 801 Sycolin Road, Suite 200 Leesburg, VA Phone Fax Memorandum To: Joseph Carter, Project Manager From: Maria Figueroa Taylor, Fire-Rescue Planner Date: February 3, 2015 Subject: HVAC ZOAM Thank you for the opportunity to review the above captioned application. The Fire and Rescue Planning Staff has no comments. If you have any questions or need additional information, please contact me at c: Project file Teamwork * Integrity * Professionalism * Service A-16

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