Zoning Standards for Accessory Dwelling Units

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Watch this page for any updates on Accessory Dwelling Unit regulations.

Should Fairfax City expand what types of Accessory Dwelling Units are allowed in single-family neighborhoods? City Council and Planning Commission will be contemplating that question over the coming months. There will be public meetings examining this topic, and public participation is welcome.

What is an Accessory Dwelling Unit?

An Accessory Dwelling Unit (ADU) is a separate living quarters located within, or on the property of, another house. ADUs are full dwellings, containing both kitchen and bathroom facilities. They're called "accessory" because they're subordinate in size to the main house.

ADUs are currently allowed in Fairfax City on a limited basis. The Zoning Ordinance now requires the following standards for ADUs:

  • Attached ADU Units Only: ADUs must be located within a home (i.e., not as a separate structure on the lot). If the ADU has an exterior entrance, it must be on the side or rear of the home.
  • Size: To ensure that ADUs are accessory to the main dwelling, an ADU must be less than 35% of the house's size and have a maximum of two bedrooms.
  • Owner-Occupied: The property's owner must live in one of the units (either the ADU or the house).
  • Age & Disability Requirements: One of the units (either the ADU or the house) must be occupied by either someone aged 55 or older, or someone with a disability.
  • Other Standards: ADUs are subject to other standards as well, which are detailed in §3.5.5.D.1 of the City's Zoning Ordinance.

The following types of housing arrangements are not considered ADUs, and would not be included in ADU zoning standards:

  • Renting to roommates, housemates, or tenants: The ability of homeowners to rent their properties would not be affected by ADU standards.
  • Changes to Single-Family Zoning: ADU standards would focus exclusively on Accessory units, and would not include changes to the types of housing units allowed in residential zoning districts.
  • Short-Term Rentals: Short-term rentals (i.e., Airbnb, etc.) are not allowed in the City of Fairfax. Any future change to the City's short-term rental policy would be considered separately from ADU standards.

City Policy Guidance

Some recent City policy documents have called for the City to reevaluate its ADU standards in order to make it easier for property owners to install ADUs.

The Comprehensive Plan contains a Housing Section that advocates for supporting a wide variety of housing types and for filling gaps in the City's housing supply. ADUs are mentioned in the Plan's Housing Section, specifically that the City should: "Revise zoning regulations to expand opportunities for accessory dwelling units, while ensuring they do not negatively impact surrounding neighborhoods." (Action H1.1.3, page 54)

In 2023, the City published a Housing Assessment that identified specific housing needs and provided strategic direction for addressing them. One of the Housing Assessment's recommendations - for both overall housing mix and for needs specific to seniors and accessible housing - is to: "Expand permissions for Accessory Dwelling Units." (Pages 25-27)

Watch this page for any updates on Accessory Dwelling Unit regulations.

Should Fairfax City expand what types of Accessory Dwelling Units are allowed in single-family neighborhoods? City Council and Planning Commission will be contemplating that question over the coming months. There will be public meetings examining this topic, and public participation is welcome.

What is an Accessory Dwelling Unit?

An Accessory Dwelling Unit (ADU) is a separate living quarters located within, or on the property of, another house. ADUs are full dwellings, containing both kitchen and bathroom facilities. They're called "accessory" because they're subordinate in size to the main house.

ADUs are currently allowed in Fairfax City on a limited basis. The Zoning Ordinance now requires the following standards for ADUs:

  • Attached ADU Units Only: ADUs must be located within a home (i.e., not as a separate structure on the lot). If the ADU has an exterior entrance, it must be on the side or rear of the home.
  • Size: To ensure that ADUs are accessory to the main dwelling, an ADU must be less than 35% of the house's size and have a maximum of two bedrooms.
  • Owner-Occupied: The property's owner must live in one of the units (either the ADU or the house).
  • Age & Disability Requirements: One of the units (either the ADU or the house) must be occupied by either someone aged 55 or older, or someone with a disability.
  • Other Standards: ADUs are subject to other standards as well, which are detailed in §3.5.5.D.1 of the City's Zoning Ordinance.

The following types of housing arrangements are not considered ADUs, and would not be included in ADU zoning standards:

  • Renting to roommates, housemates, or tenants: The ability of homeowners to rent their properties would not be affected by ADU standards.
  • Changes to Single-Family Zoning: ADU standards would focus exclusively on Accessory units, and would not include changes to the types of housing units allowed in residential zoning districts.
  • Short-Term Rentals: Short-term rentals (i.e., Airbnb, etc.) are not allowed in the City of Fairfax. Any future change to the City's short-term rental policy would be considered separately from ADU standards.

City Policy Guidance

Some recent City policy documents have called for the City to reevaluate its ADU standards in order to make it easier for property owners to install ADUs.

The Comprehensive Plan contains a Housing Section that advocates for supporting a wide variety of housing types and for filling gaps in the City's housing supply. ADUs are mentioned in the Plan's Housing Section, specifically that the City should: "Revise zoning regulations to expand opportunities for accessory dwelling units, while ensuring they do not negatively impact surrounding neighborhoods." (Action H1.1.3, page 54)

In 2023, the City published a Housing Assessment that identified specific housing needs and provided strategic direction for addressing them. One of the Housing Assessment's recommendations - for both overall housing mix and for needs specific to seniors and accessible housing - is to: "Expand permissions for Accessory Dwelling Units." (Pages 25-27)

Questions

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  • Share What precisely is being proposed here? This is very vague and includes no details of what changes are being considered. While it addresses current ADU allowances, it does not address what is proposed, e.g. detached (separate structure) ADU dwellings; currently not permitted. If detached ADUs is what this is addressing, specifics such as property line set-backs, sewer, utility, etc need to be detailed. Also, if a detached ADU is what is being proposed, how does this fit into zoning and how would it be handled when sale of property occurs, e.g. would age requirements remain in place? on Facebook Share What precisely is being proposed here? This is very vague and includes no details of what changes are being considered. While it addresses current ADU allowances, it does not address what is proposed, e.g. detached (separate structure) ADU dwellings; currently not permitted. If detached ADUs is what this is addressing, specifics such as property line set-backs, sewer, utility, etc need to be detailed. Also, if a detached ADU is what is being proposed, how does this fit into zoning and how would it be handled when sale of property occurs, e.g. would age requirements remain in place? on Twitter Share What precisely is being proposed here? This is very vague and includes no details of what changes are being considered. While it addresses current ADU allowances, it does not address what is proposed, e.g. detached (separate structure) ADU dwellings; currently not permitted. If detached ADUs is what this is addressing, specifics such as property line set-backs, sewer, utility, etc need to be detailed. Also, if a detached ADU is what is being proposed, how does this fit into zoning and how would it be handled when sale of property occurs, e.g. would age requirements remain in place? on Linkedin Email What precisely is being proposed here? This is very vague and includes no details of what changes are being considered. While it addresses current ADU allowances, it does not address what is proposed, e.g. detached (separate structure) ADU dwellings; currently not permitted. If detached ADUs is what this is addressing, specifics such as property line set-backs, sewer, utility, etc need to be detailed. Also, if a detached ADU is what is being proposed, how does this fit into zoning and how would it be handled when sale of property occurs, e.g. would age requirements remain in place? link

    What precisely is being proposed here? This is very vague and includes no details of what changes are being considered. While it addresses current ADU allowances, it does not address what is proposed, e.g. detached (separate structure) ADU dwellings; currently not permitted. If detached ADUs is what this is addressing, specifics such as property line set-backs, sewer, utility, etc need to be detailed. Also, if a detached ADU is what is being proposed, how does this fit into zoning and how would it be handled when sale of property occurs, e.g. would age requirements remain in place?

    DACOX45 asked 19 days ago

    Thank you for your question regarding the ADU Community Meeting.

    There is not a specific policy being proposed right now – the meeting is in response to direction that City Council provided staff after a July work session that focused on Accessory Dwelling Units.  At that meeting, Council asked staff to:

    1. Eliminate the existing requirement that ADU occupants be aged 55+, or have a disability; and
    2. Investigate whether allowing Detached Accessory Dwelling Units would be beneficial to the City.


    This second item will be the Community Meeting’s major discussion point.  The meeting’s purpose is to gauge community sentiments regarding many of the issues you mentioned.  We plan to discuss Detached ADUs in general, and also potential options for ADU standards such as setbacks, size limitations, parking, etc. – similar items to what you mention in your question.  There’s little detail right now because we would like to solicit community feedback before reporting back to City Council and Planning Commission.

    I hope you’re able to attend the community meeting – should you have any further questions, please let us know.

Page last updated: 22 Nov 2024, 10:32 AM