04/27/2020
zMOD - Fairfax County Zoning Ordinance Modernization Project | Planning Development
Important notice, which could affect our community. Please read and complete the survey listed in the last paragraph.
While undertaking a project to modernize and better organize the Fairfax County Zoning Ordinance (zMOD), county staff has proposed sweeping amendments to regulations pertaining to accessory dwelling units (ADUs)
What’s an ADU? An ADU is a dwelling unit limited to two bedrooms and two occupants, complete with a full kitchen, that may be constructed as an accessory to any single-family detached home. Currently, on lots less than 2 acres, the ADU must be inside the house, (an interior ADU). On lots larger than 2 acres, the ADU may be interior or standalone (an exterior ADU). There can be only one ADU on a property and the homeowner is required to live on the property. The interior ADU effectively turns the single-family home into a duplex. The standalone ADU adds a second home to the property.
Current ADU Regulations. ADUs were introduced into the zoning ordinance some time ago as a housing option for older and/or disabled residents, in particular, family members of the property owner who are either disabled or at least 55 years of age in general need of monitoring and support. Today, the approval of both interior and exterior ADUs requires a special permit, a process that assures transparency and some measure of compatibility of the ADU with the community. Neighbors receive notice in the mail that an ADU application has been filed, and sign boards are posted on the property with the same message. A public hearing is held before the Board of Zoning Appeals (BZA) to provide neighbors an opportunity to state and resolve their concerns, and the BZA is required to make a determination that the ADU would be compatible with the character of the neighborhood. The BZA is an independent body appointed by the Circuit Court.
Proposed Amendments. The zMOD program is proposing to:
Change the intent and purpose of ADUs from housing for the elderly and disabled to one that deletes the requirement that one or both occupants of the ADU must be either disabled or at least 55 years of age.
Current regulations stipulate that occupants of a single-family detached home may include no more than 4 people unrelated by blood or marriage. The proposed regulations would allow conversion of single-family homes with 4 unrelated people and one kitchen into duplexes with 6 unrelated people and 2 kitchens.
Proposed changes also include eliminating the required special permit and the entire public hearing process for a routine administrative permit instead.
You can find the zMOD accessory dwelling unit video and the survey at https://www.fairfaxcounty.gov/planning-development/zmod. The video is under the heading VIDEOS and the survey under SURVEYS. Please encourage your membership to engage and respond to the survey.
