Fairfax County proposes more flexibility for home-based businesses and accessory dwellings
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| A photo of an illegal accessory dwelling in Arlington published by Greater Greater Washington. (Radcliffe Dacanay licensed under Creative Commons) |
Fairfax County is proposing to
loosen the zoning rules for accessory dwellings and home-based businesses.
The changes are part of the Department
of Planning and Development’s multiyear effort, known as zMOD, to rewrite the
county’s zoning ordinance.
of Planning and Development’s multiyear effort, known as zMOD, to rewrite the
county’s zoning ordinance.
The department is seeking public input
on the proposed changes and encourages people to take a survey on the proposal
for accessory dwelling units here. A survey on home-based businesses is available
here.
An
accessory dwelling unit (ADU) is a smaller unit on a single-family property
that has components for eating, sleeping, living, and sanitation. It can be
inside an existing building or a separate detached structure.
accessory dwelling unit (ADU) is a smaller unit on a single-family property
that has components for eating, sleeping, living, and sanitation. It can be
inside an existing building or a separate detached structure.
ADUs
were approved by the Board of Supervisors in 1986 to give older family members
a means to age in place and increase housing options for people with
disabilities.
were approved by the Board of Supervisors in 1986 to give older family members
a means to age in place and increase housing options for people with
disabilities.
To
have an interior ADU, a homeowner has to request a special permit from the
Board of Zoning Appeals (BZA), which requires a public hearing. The proposed
zMOD changes would allow a homeowner to apply for an administrative permit,
which doesn’t require a public hearing.
have an interior ADU, a homeowner has to request a special permit from the
Board of Zoning Appeals (BZA), which requires a public hearing. The proposed
zMOD changes would allow a homeowner to apply for an administrative permit,
which doesn’t require a public hearing.
Under
the current regulations, an occupant of an interior or detached ADU must be age 55 or older or have a disability. The proposed zoning
change would allow anyone to live in an ADU.
the current regulations, an occupant of an interior or detached ADU must be age 55 or older or have a disability. The proposed zoning
change would allow anyone to live in an ADU.
Currently,
an interior ADU can be up to 35 percent of the main dwelling unit’s space. The zMOD
proposal would set a maximum ADU size of 1,200 square feet. Homeowners
would also have to identify a designated parking space; currently, the BZA
determines whether an ADU proposal calls for adequate parking. Interior ADUs would still be restricted to single-family homes.
an interior ADU can be up to 35 percent of the main dwelling unit’s space. The zMOD
proposal would set a maximum ADU size of 1,200 square feet. Homeowners
would also have to identify a designated parking space; currently, the BZA
determines whether an ADU proposal calls for adequate parking. Interior ADUs would still be restricted to single-family homes.
Both interior and detached ADUs would continue to be limited to two occupants and two bedrooms.
Detached
ADUs would also be limited to 1,200 square feet. However, the zMOD changes would
retain several existing requirements for detached ADUs, including a minimum lot size of
two acres and the need for a BZA special permit and public hearing. The BZA would determine the amount of parking needed.
ADUs would also be limited to 1,200 square feet. However, the zMOD changes would
retain several existing requirements for detached ADUs, including a minimum lot size of
two acres and the need for a BZA special permit and public hearing. The BZA would determine the amount of parking needed.
The
zMOD changes for home-based businesses would consolidate the current administrative
home occupation permit and the special permit, which requires a public hearing before
the BZA for a professional office, barbershop, or beauty parlor in a home.
zMOD changes for home-based businesses would consolidate the current administrative
home occupation permit and the special permit, which requires a public hearing before
the BZA for a professional office, barbershop, or beauty parlor in a home.
The new permit could be approved administratively unless the homeowner wants more than
the minimum number of customers or employees. In that case, the owner would
have to apply for a special permit.
the minimum number of customers or employees. In that case, the owner would
have to apply for a special permit.
Currently,
only some types of home businesses are allowed to have customers. The proposed
zoning change would allow all home businesses to have up to eight customers a
day, including four customers at a time in a single-family detached dwelling
and two at a time in other types of dwellings, including townhomes and condos.
only some types of home businesses are allowed to have customers. The proposed
zoning change would allow all home businesses to have up to eight customers a
day, including four customers at a time in a single-family detached dwelling
and two at a time in other types of dwellings, including townhomes and condos.
All
customers would need an appointment, and appointments must be placed at least
15 minutes apart. Only one employee would be allowed in a single-family
detached home and no employees in other types of homes.
customers would need an appointment, and appointments must be placed at least
15 minutes apart. Only one employee would be allowed in a single-family
detached home and no employees in other types of homes.
Current
zoning rules list certain types of businesses, such as teacher, dressmaker, and
barber. The proposed change would instead list categories of prohibited uses,
such as vehicle repair, restaurants, warehouses, storage yards, and contractors.
Signs or other exterior evidence that the home is being used as a business
would be banned.
zoning rules list certain types of businesses, such as teacher, dressmaker, and
barber. The proposed change would instead list categories of prohibited uses,
such as vehicle repair, restaurants, warehouses, storage yards, and contractors.
Signs or other exterior evidence that the home is being used as a business
would be banned.
3 responses to “Fairfax County proposes more flexibility for home-based businesses and accessory dwellings”
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Not a good move at all. It crowds the neighborhood, strange cars pak in front of your house, along with strange people.
Might work, if the people are disciplined enough to abide by these new rules. Could also create new opportunities for IT and service companies that cater to the needs of these micro-businesses.
Thanks for posting this information. Have you found a document that compares the current ADU and home-based business regulations with the proposed/draft revisions? I could not find such a document on the zMOD website. It also looks like the most recent draft revision (4 Feb 20) removes the 2 acre lot size requirement for a detached ADU, a change from the current reg and previous draft revision (1 July 19).