FAIRFAX COUNTY is nearing completion of the multi-year Zoning Ordinance Modernization Project (zMOD). One of the last sections of the law to be updated before a consolidated zoning ordinance is presented for approval is the regulation of accessory dwelling units.

NVAR supports loosening restrictions of accessory dwelling units – allowing property owners the ability to add income-producing units while increasing the supply of affordable housing options.

The Fairfax County Accessory Dwelling Unit Ordinance has been in place since 1986. The policy was developed with the intent of providing older adults the ability to age in place and to expand housing options for people with disabilities. The law requires a special permit approved by the Board of Supervisors and is subject to limits, such as the requirement that those residing in the unit must be over the age of 55 or have a permanent disability. This restrictive ordinance has prevented the use of accessory dwellings as a legitimate housing option and few have been approved in the county.

The proposed ordinance would remove age and disability requirements and simplify the approval process for obtaining a permit. The proposal would also change the maximum size of the accessory dwelling, currently limited to 35% of the floor area of the primary dwelling, to a maximum of 1,200 square feet as long as the dwelling remains clearly subordinate to the primary home. Detached or exterior accessory dwellings would only be allowed on parcels of two acres or more, while interior units are allowed in all single- family homes regardless of lot size. The ordinance requires adequate parking be designated prior to approval of any accessory dwelling. Please note that HOA rules and restrictions regarding accessory dwellings would still apply.

There is still time for Realtors® to comment on the proposed changes to accessory dwellings. Contact NVAR Government Affairs or go to fairfaxcounty.gov/planning- development/zmod to find out more about the proposal.

Josh Veverka is the NVAR government affairs director.