ordinance

Is Legal Sea Foods’ Sidewalk Seating Legal?

By ARLnow.com

Legal Sea Foods’ sidewalk cafe in Crystal City seems a bit fishy to one local.

The outdoor seating area has “taken over almost the whole sidewalk on 23rd Street,” an anonymous reader tells ARLnow.com. “The pedestrian area is now down to a single file lane to get past the restaurant. The other restaurants on that part of 23rd have not pushed their outdoor seating out that far… what gives?”

“I walk to work every morning and somedays I have to either walk in the street or wait for people walking the other way to get by,” the tipster added. “That has to be against code doesn’t it?”

We couldn’t reach anybody in the zoning office to confirm whether Legal is in violation of the law, but generally county ordinances require a minimum six-foot clear passage zone on Arlington sidewalks. Clearly, the above photos show that that standard is not being met in this case.

Update at 4:45 p.m. — It’s possible that the building owner may own the sidewalk in front of Legal, in which case they would be able to do pretty much whatever they want with it, as far as the county was concerned. The federal Americans with Disabilities Act, however, requires that sidewalks maintain a minimum width of three feet on a contiguous basis.

Small Business Owners Decry Taxes, Sign Ordinance

By ARLnow.com

What’s on the mind of local entrepreneurs? A lot, as it turns out.

On Thursday night Arlington County held a small business ‘listening session’ at Clarendon Ballroom. More than 50 business owners showed up to tell county staff what they like and don’t like about how the county treats small businesses.

The event was part of County Board Chair Chris Zimmerman’s year-long push to make Arlington more small-business-friendly. Zimmerman gave the opening and closing remarks at the event, but it was county planning and economic development staff who led the group discussions that were the evening’s main substance.

Among the things business owners liked about doing business in Arlington were the friendly personal interactions with county employees, the frequent county programs that teach you how to create a business plan, and the relative ease of running a home-based business. As expected, however, complaints far out-numbered compliments.

There was discussion of the advantages larger businesses have over smaller businesses when trying to navigate the county’s regulations and talk of loosening regulations preventing small businesses from participating in certain citizen-oriented programs. By and large, however, the discussion focused on three areas: clarity and accessibility of information, taxes and fees, and the county’s controversial sign ordinance.

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Zimmerman Plans Small Business “Listening Session”

By ARLnow.com

Update at 3:30 p.m. — Zimmerman unveiled a new “Business Center” web portal at this afternoon’s board meeting. The portal is “designed to make the County web site work better for Arlington business owners,” according to county spokeswoman Mary Curtius.

On New Year’s Day, County Board Chairman Chris Zimmerman kicked off the year by declaring that the board wanted to be seen a “facilitator, a partner to small business” in 2011.

The subtext of his comment was that the county was looking to reverse course from 2010, when a series of mini-controversies over enforcement of county ordinances had some entrepreneurs questioning Arlington’s commitment to small business.

Among the dust-ups: American Flatbread’s request for patio seating was denied in July. Then Screwtop Wine Bar and Bakeshop had their sandwich board-style signs confiscated and thrown in a dumpster by a county employee. Then some soon-to-open businesses began complaining about delays caused by zoning issues. And finally, the icing on the cake was a lawsuit filed by a doggy daycare owner over a mural that the county argued was disallowed under the sign ordinance. (A judge later sided with the county.)

With that unpleasantness behind him, Zimmerman is now organizing a small business “listening session” on March 31. In a letter to business owners, Zimmerman writes that “to make improvements that really work for business, we need direct input from our business owners and those who support them.”

The forum also comes at a time when the county is in the process of rewriting its zoning ordinance, including the sign ordinance, to correct inconsistencies and ambiguities. Zimmerman has also hinted that the board may relax certain regulations.

“Many feel [the zoning ordinance] is overly restrictive and unnecessarily hard to understand and comply with,” Zimmerman said at the Jan. 1 board meeting. “There has to be a better way. In 2011, we’re going to find one.”

See Zimmerman’s letter to business owners, after the jump.

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Towing Fee Increase in the Works

By ARLnow.com

On Saturday, the county board is scheduled to consider whether to advertise a hearing regarding changes to Arlington’s towing ordinance.

The proposed changes would increase the amount towing companies can charge and would require more detailed signs at businesses where towing is enforced.

County staffers are recommending the board increase the base towing fee from $115 to $125, the maximum rate allowed by Virginia law. The rate would apply to vehicles under 7,500 lbs., according to Brian Stout, who handles towing issues for the county. Stout says the increase is consistent with the rates charged by neighboring communities.

Another proposed change would apply to large trucks over 10,000 lbs. The fee for those vehicles would be raised from $250 to $500. The rate for vehicles between 7,500 and 10,000 lbs. would hold steady at $250.

Local towing companies have been lobbying for fee increases for months.

Lastly, the proposed ordinance change would require towing companies to mark towing advisory signs at businesses with the name and address of the business. The change is designed to make it easier for drivers to know where not to park in lots that serve more than one businesses.

If the board advertises the hearing this weekend, Stout said the changes would likely be considered for final approval at the April 16 board meeting.

UPDATED: Snow Complaints By The Numbers

By ARLnow.com

Update at 12:05 p.m. — The county has informed us that the previous numbers we were given were wrong. The article now reflects the updated numbers.

Last week’s snow and ice storm has resulted in a total of 679 complaints to Arlington County through its new Report a Snow Issue form, according to the county’s Department of Environmental Services.

As of last night, here’s the breakdown of what citizens are reporting:

  • 406 — This street has never been plowed or needs additional plowing
  • 189 — Sidewalk concern
  • 52 — Other
  • 32 — This street is icy

By comparison, TBD reported that 30 complaints were submitted after 2-3 inches of snow fell on Dec. 16.

The county’s new snow removal ordinance says that snow and ice must be removed from public sidewalks 24 hours after precipitation stops falling. So far, however, no fines have been issued as a result of the ordinance.

“Our collective focus this year has been on education and compliance,” said Department of Environmental Services spokeswoman Myllisa Kennedy. “To date, there have not been any civil infractions issued according to Code Enforcement.”

Board Approves Sign Enforcement Measure

By ARLnow.com

The county board voted unanimously on Saturday to beef up the county’s ability to go after companies that willfully violate Arlington’s stringent sign ordinance.

A new amendment to the Zoning Ordinance will make it illegal for “a firm, corporation, owner, agent or occupant” to cause or “knowingly” permit signs to be placed in the public right of way. Before the amendment, only individuals could be punished, and only if they were spotted physically placing the sign.

County Manager Barbara Donnellan recommended the amendment to help rein in rogue companies that place signs on weekends or in the middle of the night, when county zoning inspectors are not on the job.

The amendment will not change which signs are prohibited — certain signs, like temporary non-commercial and real estate-related directional signs and political signs during election season, will remain exempt — but it will instead enhance the county’s ability to enforce the ordinance, Donnellan said.

Initially, several board members objected to the possibility that under the amendment, community groups could be held criminally responsible for signs about pot luck dinners, blood drives and the like. They were assured, however, that county staff works with such groups to make sure their signs comply with the law. The biggest commercial violators, staff suggested, would be the primary target of the new enforcement powers.

During consideration of the amendment, County Board Chair Chris Zimmerman expressed frustration with the sign ordinance itself.

“Arlington’s approach to signage overall has been focused in the wrong places,” Zimmerman said. “We are overly restrictive in some areas where I don’t think we should be, and we don’t regulate in some areas where I think we should.”

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Morning Notes

By ARLnow.com

Winter Weather Advisory in Effect — Expect 1-2 inches of snow today, says the National Weather Service. The flakes should start falling between 9:00 and 11:00 a.m. The advisory is in effect until 9:00 p.m. More from Weather.com.

John Boehner Likes Guapo’s — House Minority Leader John Boehner (R-Ohio) apparently enjoys drowning his sorrows at the Guapo’s in Shirlington. Boehner, who famously called the Bush administration’s immigration reform bill a “piece of s—,” reportedly dined at the Mexican restaurant on Tuesday. It was his second visit in a month, according to Shirlington Village Blogspot,

Arlington Sign Ordinance Update to Start in January — County officials will begin the process of updating the county’s 60-year-old sign ordinance in January. The ordinance has attracted considerable controversy this year, including a high-profile lawsuit from one business owner. More from TBD and the Sun Gazette.

Free WiFi coming to DCA, IAD — Reagan National and Dulles airports will both be offering free wireless internet service as soon as this spring. More from the Washington Examiner.

Flickr pool photo by Chris Rief

County Rolls Out Snow Removal Guidance, Reporting Form

By ARLnow.com

(Updated at 4:00 p.m.) As the Washington area prepares for the first actual, bona fide snowfall of the season tomorrow, Arlington County has revealed some additional guidance for how it intends to enforce its new snow removal ordinance.

The ordinance calls for snow and ice to be removed from sidewalks within 24 to 36 hours of precipitation ending.

The chief means for enforcement of the ordinance will, essentially, be neighbors tattling on each other, via a new web-based reporting form.

Citizens will fill in the address of the problem area, refining it as necessary by clicking on a map. Then they will select from four preset “concerns” — either a concerns about the street or a sidewalk. Finally, users will type in their name and — optionally — contact information (for follow-ups, not for public dissemination) and press a submit button.

The complaint will go to county staff, who will review it and dispatch code enforcement agents as necessary.

According to Deputy County Manager Marsha Allgeier, enforcement agents will, at first, “try to give notification and warning” in lieu of the $50-$100 fine called for in the ordinance.

“They will try to find the entity that would be responsible for that sidewalk and try to make contact with that person to say ‘do you know we have a new ordinance?'” she said. Allgeier added that the county will specifically target “high-traffic and high-density areas” for enforcement.

The goal, officials say, is voluntary compliance.

“We will remain flexible, and use a good dose of common sense along the way,” said County Manager Barbara Donnellan. “We are hoping for a very light snow year, but nonetheless, our implementation plan is ready.”

Elderly and disabled individuals physically incapable of removing snow from their sidewalks will be exempt from the ordinance. For now, county staff will determine exempt status by contacting the homeowner directly; no exemption list will be maintained.

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Morning Poll: Aggressive Towing in Arlington

By ARLnow.com

Between 15,000 and 20,000 cars are towed in Arlington each year, according to a three-part series on towing in the county by TBD’s Rebecca Cooper.

Of those thousands of tows every year, only about 50 result in formal complaints being filed with the police. And of those complaints, the cases where the towing company actually violated a county ordinance is in the single digits, according to an extrapolation of Cooper’s numbers.

When we last wrote about Arlington’s biggest tow company, Advanced Towing, a torrent of hate was unleashed in the comment section. But if such a large percentage of tows are legitimate, then are more stringent regulations necessary?

For the time being, county board chairman Jay Fisette tells TBD that he’s just focusing on reducing “predatory tows” in a number of towing “hot spots.” Is that enough?

Panel Begins Process of Rewriting County’s Zoning Ordinance

By ARLnow.com

Over the past several months, business owner have complained loudly about the county’s confusing and inconsistent zoning code. From stringent sign enforcement to outdoor seating debates to extended delays in getting permits, business owners — particularly new business owners — have expressed frustration with the level of expense and effort required to avoid running afoul of county regulators.

But that may be changing.

Tomorrow night, the county’s zoning committee will meet to plan a comprehensive rewrite of the zoning ordinance. The meeting, which will run from 7:00 to 9:00 p.m. in Room A of 2100 Clarendon Boulevard, is open to the public, although the discussion will be confined to the committee.

In a draft proposal, county staff noted that the zoning ordinance was last rewritten in 1950. Because the ordinance has been amended many times on a piecemeal basis, it “contains many inconsistencies” and “includes many sections and regulations that are difficult to understand.”

“There are many administrative practices that are not codified within the Ordinance,” staff also concluded.

See the staff report here.

Cold Reception for Snow Removal Ordinance

By ARLnow.com

County officials were there to listen. And thanks to the myriad of concerns expressed by residents, there was plenty of listening to do.

At an informal public forum on Arlington’s proposed snow removal ordinance, a group of about 30 residents took turns dissecting every possible facet of the two-page statute.

The proposed ordinance legally mandates that home and business owners clear snow from their sidewalks and prohibits the dumping snow on streets and other public property. A violation would theoretically be greeted with a $100 fine and, if necessary, a bill for the cost of hiring a private contractor to clear the stretch of sidewalk in question.

But what may seem straightforward actually generated a slew of questions:

  • Why shouldn’t the county face the same stringent snow removal standards for public property?
  • Wouldn’t this place an unfair burden on certain residents in areas where only one side of the street has a sidewalk?
  • Would you be violating the ordinance by clearing snow off a car that’s parked in the street?
  • What if residents are traveling?  Since they’ll know your house is unoccupied, is it safe to hire someone to clear the sidewalk while you’re gone?
  • Where do you put the snow if you don’t have a front yard?
  • What sort of recourse do you have if a county plow deposits snow onto your freshly-shoveled sidewalk?

Those last two questions were the most controversial — and the most commonly asked.

“Giving the county the authority and ability to fine me for not shoveling my sidewalk is a really bad idea,” one man said. “We worked really hard to shovel our sidewalk all the way around, and then the county came along and plowed it over. They were the worst offenders during this winter.”

The county should figure out where residents can lawfully place the snow before enacting the ordinance, another resident said. “For me, the fundamental issue is: tell me where the snow goes.”

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