Residents raise concerns about streamlining ALU rules

Residents are concerned that new, more lenient rules on accessory living units (ALUs) would lead to more rental properties and less parking in stable single-family neighborhoods.

Zoning official Carmen Bishop and her colleagues in the Department of Planning and Zoning described a proposal to make it easier to establish ALUs at a community meeting on April 23.

An ALU is a separate living space – with facilities for cooking and sanitation – inside a primary dwelling unit or in a detached structure on a homeowner’s property. ALUs are often occupied by elderly parents, an adult child, an au pair, or tenants.

Under the current zoning ordinance established five years ago, interior ALUs that meet all standards only need an administrative permit. Detached ALUs must be on lots of two or more acres and require a special permit, which means there must be a public hearing.

Permits must be renewed two years after approval and then, every five years.

Related story: Rule changes would make it easier to establish an ALU

ALUs are restricted to two occupants and two bedrooms. Interior ALUs can’t be larger than 800 square feet or 40 percent of the primary building. Detached ALUs are limited to 1,200 square feet.

New rules proposed by the department would make it easier for homeowners to establish ALUs by eliminating some of the administrative barriers and streamlining the review process. That is being done, Bishop said, because too few homeowners have applied for ALUs or gotten their permits approved.

Between July 1, 2021, and Oct. 31, 2025, only 158 of the 407 ALU permit applications were approved. Another 69 ALUs that had been approved weren’t renewed after the two-year permit period expired.

More flexibility

Some of the rule changes under consideration would:

• Allow an administrative process for detached ALUs.
• Allow detached ALUs on lots smaller than two acres.
• Allow interior ALUs to be up to 50 percent of the size of the principal dwelling.
• Allow more flexibility in the definitions of interior and detached ALUs.
• Eliminate the requirement for permit renewal.
• Review an application for an interior ALU as part of the building permit application, and drop the requirement for a separate administrative application.
• Eliminate the requirement for an additional parking space.

Bishop said zoning officials plan to submit draft text on a revised ALU ordinance to Board of Supervisors and Planning Commission committees this summer. Public hearings would be held in the fall.

Concerns

During the community meeting, several people raised concerns about how the ALU rules are enforced.

If there’s a suspected violation, it could be reported to the Department of Code Compliance, which would conduct an investigation, Bishop said. If the violation is not addressed, the case would be referred to the county attorney.

There are many ALUs throughout the county that are not registered as such, someone else noted, and Code Compliance doesn’t have enough staff to adequately carry out inspections.

Someone else worried that investors would buy up single-family homes and establish ALUs that would be converted to short-term rentals, like Airbnb, which would destroy the character of neighborhoods.

Bishop noted that short-term rentals are not allowed on a property with an ALU.

There were several questions about the possibility of allowing ALUs in communities with homeowner associations. Bishop confirmed that HOA rules do not override the zoning ordinance.

Survey results

According to a survey conducted by Fairfax County this winter, 58 percent of respondents agreed that the county should explore zoning changes to expand opportunities for ALUs. Just over a third, 34 percent, disagreed, and 8 percent were unsure.

When asked to cite the most important benefits of ALUs, 68 percent cited flexibility in living options for families, 61 percent said aging in place, 36 percent said affordable rental opportunities, and 25 percent said ALUs would provide additional income for homeowners.

When it comes to survey respondents’ primary concerns, 53 percent said parking, 45 percent said impacts of additional construction, and 28 percent said traffic.

More than half (52 percent) of respondents said ALUs should not be allowed in townhouses, which is one of the changes under consideration.

In addition, 65 percent said the property owner should be required to live on the property, and 50 percent said an additional parking space should be required.

When asked whether a detached ALU should be allowed without a public hearing, 51 percent said yes and 44 percent said no.

A new state law

Legislation approved by the Virginia General Assembly (Senate Bill 531) this session and signed by the governor would require all localities to allow ALUs in single-family residential zoning districts.

It also limits the fee for ALU permits to $500 or less. Fairfax County charges $270 for an administrative permit and $585 for a special permit.

The bill prohibits localities from requiring setbacks for an ALU that are greater than the setback required for the primary dwelling. And it prohibits conditions for ALUs that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, rear or side setbacks, lot size or coverage, and building frontage.

The bill won’t take effect until July 1, 2027, and won’t apply to a locality that adopted an ALU ordinance prior to Jan. 1, 2026. Fairfax County’s zoning ordinance has been on the books for years, so the new law won’t apply here.