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Fairfax County staff propose loosening rules for accessory living units to expand housing options
Summary
Zoning staff in Fairfax County proposed a draft amendment to allow detached ALUs on smaller lots, raise interior unit size and occupancy limits, and streamline permitting and parking rules; the county plans public hearings by year’s end and is seeking community input.
Casey Judge, with the zoning administration division, and Carmen Bishop, co-lead on the project, presented a proposed Fairfax County zoning ordinance amendment on accessory living units (ALUs), saying the changes are intended to expand housing options and align with the county’s housing action plan.
"ALUs can serve to provide more housing options as well as to provide flexibility for older adults, young professionals and caretakers throughout our community," Judge said, summarizing staff's rationale for the amendment.
Bishop said a white paper with draft text is posted online and highlighted preliminary staff recommendations. "The administrative permit is often perceived as a barrier by potential applicants," she said, and staff recommends allowing zoning review to occur within the building permit process so a separate zoning administrative permit would not be required in many cases.
The draft proposes several substantive changes to where and how ALUs may be established. For detached ALUs, staff recommends allowing them by right or with an administrative permit on lots of at least 36,000 square feet in conventional R‑1 districts; on R‑2 lots between 15,000 and 36,000 square feet staff recommends allowing detached ALUs by special permit; detached ALUs would not be allowed on lots smaller than 15,000 square feet. Judge noted that other standards—setbacks, rear coverage, height and maximum size—would still regulate location and bulk.
On size and bulk, staff proposes keeping the current 1,200 square foot cap for detached ALUs but allowing the Board of Zoning Appeals (BZA) to approve larger sizes on a case-by-case basis to permit reuse of existing structures. For interior ALUs, Judge said staff would raise the maximum from 800 square feet (or 40% of the principal dwelling) to 1,200 square feet while maintaining the 40% accessory requirement so the unit remains subordinate to the principal dwelling.
Bishop addressed occupancy and bedrooms: staff recommends keeping a two-bedroom limit but increasing total ALU occupancy from two persons to three, with an advertised range up to four to accommodate situations such as caregiving needs.
Parking rules drew particular attention. Bishop explained current practice requires the principal dwelling to meet ordinance parking plus one additional space for an ALU; she said recent state legislation will bar requiring that extra parking in certain designated areas. "So staff is recommending that parking not be a separate requirement to establish an ALU, but would continue to be a requirement to build a principal dwelling," Bishop said, noting the zoning ordinance does not limit the number of vehicles a household may have.
The draft text also introduces the term "semi‑detached" to address configurations staff has observed, clarifies that dwellings with interior ALUs should retain the exterior appearance of a single‑family dwelling, and removes certain redundant standards. Bishop said staff hopes to bring the amendment forward for public hearings by the end of the year and invited public feedback via the posted white paper and engagement toolkit.
The presentation did not include any formal motions or votes; staff requested public comment and signaled next steps are posting the draft for review and scheduling hearings later in the year.
