Western Loudoun Rural Uses and Standards ZOAM Committee Meeting

On September 30, 2026, the joint Planning Commission/Zoning Ordinance Committee and Western Loudoun Ad Hoc Committee met to continue deliberations on the Mountainside Overlay District (MOD) text amendments. The meeting focused on a series of specific development standards and permitted uses within the MOD, following board direction. The committee adopted a revised meeting schedule, adjusted the public comment submission timeline, and voted on numerous draft text provisions. A notable discrepancy exists between the agenda date (September 29, 2026) and the provided meeting date (September 30, 2026).

Consent Calendar

• The meeting summary from September 15, 2026, was adopted unanimously.

Public Comments & Testimony

• No public testimony was heard during the meeting. Committee members discussed the timing of public comment submissions; a motion passed to have the supplemental packet sent to committee members the business day before each meeting, with public comment cutoff adjusted accordingly.

Discussion Items

• Calendar Adjustment: The committee voted unanimously to move meeting six from November 9 to November 16, 2026, and meeting seven from November 16 to December 1, 2026, to avoid back-to-back planning commission meetings.
• Supplemental Packet Timing: A motion passed to require the supplemental packet (including public comments) to be distributed to committee members the day before each meeting, to allow adequate review time.
• Non-Habitable Accessory Structures in Highly Sensitive Areas (Motion 3): The committee found the draft text consistent with board direction after amendments: striking the phrase "either or but not both" to allow up to 600 square feet of land disturbance in aggregate (across highly sensitive and ridge feature areas), requiring a written zoning administrator determination that no alternative location exists, and referencing the agreement-in-lieu (AIL) process under Chapter 1096. A separate motion limited structures to 15 feet in height from grade to peak. Both motions passed unanimously.
• Non-Habitable Accessory Structures in Ridge Feature Protection (Motion 4): Similar amendments were adopted, including aggregate 600 sq ft limit, 15-foot height restriction, administrative approval standards, and a correction to clarify that the limit applies within protected areas only, not the entire lot. Unanimous.
• Spring Feature Protection Setback (Motion 5): An initial motion to find the draft text (100-foot setback inside and outside MOD) consistent with board direction failed (5 opposed, 4 in favor). A subsequent motion to recommend the 100-foot setback passed 7-1-1, with a friendly amendment that the setback be subject to a county hydrological study and that notice be provided to property owners outside the MOD who are affected. The committee also requested study of steeper slope impacts.
• Grading Permit Exemption for Small Disturbances (Motion 6): The committee voted 7-0-1 to not include a proposed exemption for 250 sq ft of land disturbance in highly sensitive areas (staff recommendation). The exemption for up to 600 sq ft of land disturbance for a non-habitable accessory structure (≤15 ft height) in somewhat sensitive and sensitive areas (unforested, 0-15% slope) was approved unanimously, with language clarifying aggregate limits and administrative approval.
• Fences (Motion 7): The committee unanimously approved allowing fences in all MOD areas without a grading permit, subject to a zoning permit and a requirement that fences allow water flow (to be clarified in final language).
• Driveway Repair/Replacement (Motion 8): Staff noted no amendments were needed; the motion was tabled without action.
• Tree Cover Clearing and Land Disturbance Tables (Motion 9): The committee unanimously found the consolidated table consistent with board direction.
• New Residential Driveways in Highly Sensitive Areas (Motion 10): The committee voted unanimously to defer this item to the Planning Commission for further study, requesting additional performance standards, data on affected lots, and consideration of limiting the provision to existing lots of record.
• Non-Residential Development Standards – 50% Tree Cover (Motion 11): The committee found the draft text (increasing tree cover preservation from 30% to 50%) consistent with board direction, but added a recommendation that staff clarify the baseline for "existing forested areas" (e.g., effective date of amendment). Passed with one opposed.
• General Consistency Items (Motion 57): The committee approved staff’s recommended language for on-site sewage treatment replacement (with a revision to size based on existing bedrooms) and for uncovered decks in ridge feature protection (allowing hand-dug footers within previously disturbed areas without a grading permit). Both passed unanimously.
• Minor Special Exception for Non-Residential Covered Activities (Motion 58): The committee voted unanimously to defer this topic to meeting seven (December 1, 2026) for further discussion, with requests for cost data, use definitions, and performance standards.

Key Outcomes

• The committee approved most draft text provisions as presented or with amendments, forwarding them to the Planning Commission with recommendations.
• Key changes include: allowing up to 600 sq ft of land disturbance for non-habitable accessory structures in highly sensitive and ridge feature areas (aggregate, with administrative approval); reducing spring feature setback to 100 feet (subject to further study); exempting certain fences from grading permits; and increasing tree cover preservation requirements for non-residential uses to 50%.
• Several items were deferred for additional analysis: new residential driveways, minor special exception for non-residential uses, and clarification of baseline definitions for tree cover.
• The committee adjusted its meeting schedule to November 16 and December 1, 2026, and revised the public comment submission timeline to allow earlier review by members.