Planning commission unanimously recommends Town Council adopt ADU/JADU ordinance updates; reintroduces dark-sky and softens material-match rule

The Fairfax Planning Commission on March 20 voted unanimously to recommend that the Town Council adopt the staff-drafted amendments to the town—'s ADU (accessory dwelling unit) and JADU regulations to align local code with recent changes to state law.

Staff summarized revisions made after the commission—'s February review: clerical corrections to code cross-references, restoring three deleted definitions, clarifying where ADUs/JADUs are allowed by zoning district, explicitly permitting two-story ADUs where height limits allow, setting a 31-day minimum rental term for ADU and JADU rentals, clarifying enforcement of rent-reporting through the town—'s administrative citation process, and retaining provisions addressing legalization of unpermitted ADUs after consultation with the town attorney.

On architectural standards, staff said it restored a requirement that additions—' materials and colors match the primary dwelling; it also added that a second detached ADU should either match the primary dwelling or the other detached ADU on the lot. Commissioners discussed fire-code interactions and whether the ordinance should require exact material matching. The commission settled on amending the language to require materials that are "similar in appearance to" the primary dwelling and to specify compatibility "in compliance with applicable fire codes." Commissioners also directed staff to reintroduce a dark-sky lighting provision that had been removed from an earlier draft; planning staff had explained that "dark sky compliant lighting is not a requirement in any other chapter of the town code" but agreed to reinsert the provision after commission direction.

Commissioners and staff also removed a set of detailed window-and-door prescriptions and added clarifications about when no setback is required for an ADU reconstructed in the same footprint as an existing structure, consistent with state law. The commission approved Resolution 2025-02 recommending the council adopt the ordinance changes and asked that the resolution explicitly note the commission—'s additional edits discussed on March 20.

Chair Pfeffer called the roll for the motion and the commission voted aye unanimously. The commission directed staff to forward the revised ordinance and the recommendation to town council with suggested language changes and a note that the commission—'s 03/20/2025 discussion be reflected in the final ordinance text.