Falls Church holds extended work session on accessory dwellings; council goes into closed session for legal advice

City staff and council discussed proposed changes to Falls Church’s zoning code intended to permit and regulate accessory dwellings (ADUs) during a work session on Jan. 27. The session included a detailed staff presentation, multiple public comments and a subsequent council closed session to receive legal advice on the city’s legislative authority to regulate ADUs.

What staff presented Planning staffer Jack Treanor summarized updates to the draft ordinance since first reading in November. Changes included a clarified definition of an accessory dwelling unit to require living area and at least one bedroom and one bathroom in most detached ADUs; a proposed occupancy cap of three persons for an ADU; an option to set windows above one story at least 10 feet from neighboring property lines; and a restated policy that structural additions to nonconforming buildings converting to ADUs would not be permitted to expand the original footprint beyond current nonconformity rules without special approval. Treanor told council staff had identified roughly 31 existing detached structures that “closely resemble” ADUs and that a GIS analysis found about 1,500 accessory structures across R-1A and R-1B zoning districts with an average footprint of about 248 square feet.

Key policy points under discussion - Setbacks and height: Staff offered two height/setback options for detached ADUs (a 5-foot setback with up to 20-foot height or a 10-foot setback with up to…