Board of Supervisors approves zMOD
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| An accessory living unit in a basement with a separate entrance. [Sightline Institute] |
The Fairfax County Board of Supervisors on March 23 approved a huge modernization and revision of the zoning ordinance.
The two most controversial components of the multiyear effort known as zMOD make it easier for homeowners to have a home-based business and to rent out an additional living space in their home called an accessory living unit (ALU).
Despite lobbying by dozens of residents opposed to those changes, the board went along with a staff recommendation to drop the requirement for a public hearing for approval of an ALU inside a home. Instead, the homeowner need only obtain an administrative permit.
The board also agreed to require an administrative permit – rather than a Board of Zoning Appeals (BZA) hearing – for most home-based businesses (HBBs) that don’t have customers.
Another provision proposed by zoning staff to set limits on flags and flagpoles generated a huge amount of community opposition. The supervisors set only a few requirements, rejecting the staff’s more restrictive approach.
The board voted 7 to 3 to pass a comprehensive motion by Supervisor Kathy Smith (Sully) to approve zMOD with several key changes. Here’s the final outcome on the three main issues:
Accessory Living Units
- The previous requirement that at least one resident of an ALU be age 55 or older or have a disability is eliminated.
- While interior ALUs need only go through an administrative hearing, ALUs in separate buildings still need approval from the BZA.
- An ALU cannot exceed 800 square feet. An entire basement can be converted to an ALU, however, but only after the new rules take effect on July 1, 2021.
- Either the ALU or the principal residence must be owner-occupied.
Home-based businesses
- HBBs that don’t have customers can be approved with an administrative permit. HBBs that do have customers need a BZA hearing, with one major exception: HBBs that provide instructional services or exercise activities can have up to four customers at a time or eight a day without the need for a BZA hearing.
- If a home with an HBB also has a home daycare center, no customers will be allowed on the premises.
- One off-street parking space must be provided.
- An HBB cannot use or store flammable, combustive, or explosive materials.
- If a home with an HBB or ALU is served by a well or septic system, the owner must obtain approval from the Health Department.
Flags
- The current limit of three flags per property is maintained.
- There is no limit on the size of flags.
- The maximum height of a flagpole is 25 feet for a single-family property and 60 feet on other types of property.
- A property owner can apply for a permit to have a taller flagpole.
More housing options
In voting for the changes, John Foust (Dranesville) said “the existing requirements are too stringent.” Facilitating the approval process “will not harm the character of residential neighborhoods. . . . I doubt we will see significant numbers of new ALUs.”
These changes could lead to more housing options, Foust said, and the rental income will help seniors on fixed incomes stay in their homes.
Related story: Board of Supervisors defers decision on zMOD
ALUs are not the solution to the severe shortage of affordable housing, said Penny Gross (Mason), and there won’t be “a massive change in neighborhoods.” An administrative permit doesn’t mean automatic approval; “you have to meet certain parameters.”
James Walkinshaw (Braddock) called the easing of the ALU requirements “a small step in the right direction” toward more socioeconomic diversity.
Currently, it’s virtually impossible for someone earning $50,000 or $70,000 a year – a teacher, firefighter, or plumber, for example – to live in the same neighborhood as someone earning $200,000, but might be able to afford an ALU in that neighborhood, he said.
Walkinshaw noted that under current zoning rules, people need only an administrative permit to rent their basement to two unrelated people. Those tenants might have one or two cars and children in the school system. If we don’t require a public hearing for that, “why would we require a hearing for an ALU?”
Related story: Planning Commission retains public hearing requirement for accessory living units
Board of Supervisors Chair Jeffrey McKay lauded the changes, noting that it currently costs $16,375 to go through the BZA process, and as a result, less than 300 ALUs have been approved since they were authorized in 1983. [Clarification: The filing fee is $435. McKay is apparently including potential design, fees, plats, permitting charges, and hiring professionals.]
Because of that cost, many people turn to illegal overcrowding. McKay recounted an incident where a family who rented a basement apartment without a stove used an extension cord to power a hotplate, which caused a fire.
“When we allow unrelated people to rent a room by-right, there’s no way to regulate that, there’s no way to investigate units for proper appliance installation, and no way to address parking,” McKay said.
“Many people talk about making things easier; here we have a chance not only to make the process easier but have more restrictions than you have today,” he said.
Regarding HBBs, McKay noted many people have to create small businesses to survive during the pandemic. “We should encourage this type of entrepreneurial activity as long as it doesn’t trample on neighborhoods.”
A few “no” votes
Three supervisors voted against the motion: Walter Alcorn (Hunter Mill), Pat Herrity (Springfield), and Dan Storck (Mount Vernon).
Storck cited the lack of public engagement in the administrative approval process and mentioned concerns raised by the public about parking, stormwater, and compliance enforcement.
The new rules “will have a significant impact on our suburban communities and watersheds” and will lead to more density, Herrity said. “I’m disappointed we’re not listening to our neighborhoods.”
The board passed several follow-on motions, including measures calling for staff to monitor and evaluate ALUs and HBBs and report back; make it easier for residents to identify and report code violations, and help homeowners who want to access housing choice vouchers for ALUs.
Penny Gross is again absolutely wrong in stating that zMod will have no negative effect on neighborhoods. Our neighborhoods are already experiencing high degrees of rental to individuals in existing houses. There is virtually no zoning enforcement of the law even when citizens complain. Parking is already a pain, and will be exacerbated by this requirement. All the owner has to do is say that the renter can use the driveway to park and then everyone parks on the street anyway because I see it every day on my street. Thanks Penny. I hope everyone on your street builds and rents so you can experience this wonderful law.
Once again, the taxpaying homeowners lose out in favor of renters. Zoning chooses not to enforce the laws now by turning a blind eye to the illegal basement apartments. Homes that were designed for 4-6 people now hold 15-20 and nothing is done by the county. Penny needs to invite all of these people to live on her street so that she can experience what the rest of us do on a daily basis. Complaining to the appropriate departments does nothing, sadly, neither does calling her office.
Mr. McKay continually misrepresents the current cost to apply for an accessory living unit. It’s $435, not $16375. He uses false data to bolster his specious arguments.
Clueless Chairman McKay stated that the special permit for an interior accessory apartment is $16,375.00. In fact it is $435.
Intentional misinformation or complete ignorance?
No supervisor or county official corrected the embarrassing error.
Yay!
More poor Mexican families living in our neighborhoods.
Well, there's the end of any sort of peace in non-HOA communities. The BOS is determined to turn our older non-HOA communities into slums. They pick and choose when they want to compare themselves to surrounding jurisdictions – as far as I could tell, Arlington and DC had active parking enforcement, at the least.
Unfortunately our elected officials let themselves be swayed by outside organizations whose goal is to eliminate zoning laws, rather than listening to the testimony of hundreds of their constituents who opposed these drastic changes. Thank you supervisors Alcorn, Herrity, and Storck for voting no.
If you are a developer, a contractor, an investor who buys rental homes, or a person in this country illegally, the Board of Supervisors is your best friend. The BOS vision is a county covered with the 21st century equivalent of tenements, streets choked with traffic and parked cars, schools overcrowded with children who don't speak English, homeless vagrants panhandling at intersections, parks full of trash (and worse), hair salons and other businesses in residential neighborhoods, and lots of happy developers, contractors, and investors. Arlington and Alexandria have done a lot better but As long as tax dollars and campaign contributions flow, the Fairfax County Supervisors are perfectly happy.
This County is run by a bunch buffoons. I cannot wait for the folks in McLean and Great Falls start screaming. Nothing will be left but rentals and low income renters. Mason will truly become the capital of Section 8 rentals in the universe.
As a proud Democrat, we tried to convince fellow Dems to remove people like Supervisor Gross from office. She has not listened to her constituents for decades yet people blindly continue to vote for her. Lake Barcroft — maybe once you see your neighborhood start adding ALUs, you will finally wise up.