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Council adopts zoning text amendments to Chapter 10, removing ADU age limits and easing permitting for several uses
Summary
Council unanimously approved a package of zoning text amendments to Chapter 10 that change accessory‑dwelling occupancy rules, carve out size thresholds for certain special‑use categories, clarify animal‑care definitions, and make other administrative fixes.
Fairfax City Council unanimously adopted revisions to Chapter 10 of the city zoning code on Tuesday that remove an age‑and‑disability occupancy restriction for accessory dwelling units (ADUs), clarify definitions for animal care and donation drop‑off containers, and establish size thresholds that reduce the need for special‑use permits for some small indoor recreation and medical uses.
City planner Eric Foreman presented the package during Tuesday’s public hearing. The changes are primarily regulatory clarifications and targeted policy adjustments; Foreman told council the ADU change was aimed at removing an administrative hurdle for tenants and landlords. Specifically, the amendments delete a rule that required either the principal dwelling or the ADU to be occupied by a person age 55 or older or a person with a disability. "We are proposing to strike that age and disability requirement," Foreman said during the presentation.
The ordinance also updates how occupancy is counted for ADUs (combining primary and ADU units into a single household for overcrowding calculations) and replaces an outdated reference to the term "family" with the code’s defined term "household." In separate changes, staff proposed size thresholds so that only larger indoor recreation uses (30,000 square feet and up) and larger medical care facilities (10,000 square feet and up) remain special‑use permit items; smaller salons, day spas, small gyms, and urgent‑care‑scale medical offices would be allowed in most commercial zones without an SUP. Animal care uses were split into two categories: kennels (boarding dogs and similar uses) would remain a special use in commercial zones, while veterinary clinics and smaller pet‑care businesses would be permitted in most commercial and industrial zones subject to standards for noise, odor and outdoor area hours.
Why it matters: The changes remove several regulatory barriers for small businesses and residents — for example ADU occupancy rules and special‑use requirements that staff said have become an obstacle as business models changed — while keeping more intensive uses subject to discretionary review.
Other amendments include a simplified definition for restaurants, standardized terminology and a definition for donation drop‑off containers, corrected internal references in tree‑removal rules, and updating public‑notice timelines to match recent state law changes. The planning commission recommended approval; council approved the package unanimously on Tuesday.
Next steps: The ordinance is effective per council’s adoption and will be published in the City Code; staff will incorporate the changes into zoning review and permit guidance.
