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Planning staff proposes batch zoning amendments to align Winchester's ordinance with state code and ADA standards
Summary
At the Sept. 2 work session, staff previewed TA‑25‑4, a batch text amendment to multiple zoning ordinance sections to bring the code into conformance with federal and Virginia law and to clarify local rules governing cottage housing, parking, short‑term rentals and landscape requirements.
Winchester City planning staff presented TA‑25‑4 during the Sept. 2 Planning Commission work session, proposing a series of text amendments to the zoning ordinance intended to update outdated references, conform with state law and clarify current requirements.
Staff described TA‑25‑4 as a “batch” amendment that consolidates multiple small fixes into a single package. Key changes flagged during the session include:
- Removing a now‑illegal reference that would have permitted certain asbestos‑containing operations, and clarifying that friction‑material production must not include asbestos, consistent with federal law.
- Clarifying cottage housing rules so the ordinance does not allow a reduction of required on‑site landscape (green) area below other site‑plan requirements.
- Editing the handicapped parking provision in section 18‑6 to remove a planning‑director waiver and place compliance squarely under applicable ICC/ADA technical standards (staff referenced ICC A117.1 and “applicable ADA code” as the standard to follow).
- Updating short‑term rental and home‑share language to reflect recent Virginia state‑law changes (staff referenced state code section cited as "50.2‑983"). The amendment would remove a blanket local registration requirement for certain operators who the state exempts (for example, licensed real‑estate agents or licensed property managers), while preserving other local short‑term rental compliance requirements.
- Removing a categorical prohibition on subleasing in short‑term rental rules to align with state law: staff said state code allows subleasing in some circumstances provided property‑owner permission exists. Commissioners suggested adding an explicit requirement that subleasing be permitted only with written property‑owner permission and that the permission be documented in the lease.
- Adding language the staff said they had omitted in the draft that would allow a locality to bar a short‑term rental operator at a property after three or more verified incidents of noncompliance; staff said they will write that section and circulate it in a future draft.
- Several clarifications to landscape and site‑plan language, including how landscape contributions are calculated for sites made of multiple parcels and when green‑space obligations are required (certificate of occupancy vs. certificate of completion scenarios).
Commissioners raised technical and drafting questions. Commissioner Becker and others urged reliance on the ICC/ADA accessibility code rather than a specific code citation that could become out of date. Commissioner Bloom suggested that subleasing be allowed only with explicit written permission from the property owner, a revision planning staff said it would consider. Mister Jenkins and other commissioners asked staff to confirm whether on‑street ADA stalls can ever satisfy the requirement; staff said that is jurisdictional and would consult building plan review staff.
No formal vote was taken; staff will incorporate edits and circulate a revised draft of TA‑25‑4 for further review.
Why it matters: The amendments would update Winchester’s zoning code to reflect recent state statutes and federal accessibility standards and create clearer administration rules for short‑term rentals, parking, cottage housing and landscape compliance — items that affect residents, landlords and developers.
