Don’t miss your opportunity to weigh in on the update to Fairfax’s accessory living unit (ALU) regulations by Sat. Feb. 28! The county’s current rules for ALUs are far too strict to be effective – this is a chance to revise these standards to match those of neighboring counties and make ALUs a real tool in addressing Fairfax’s housing shortage. 

What’s an ALU/ADU?

More commonly referred to as Accessory Dwelling Units (ADUs), or granny flats, these small, independent homes must be located on the same lot as a single-family house and include areas for living, sleeping, cooking, and sanitation. They typically may be attached – like a basement apartment or garage conversion – or detached, like a backyard cottage. If you would like to learn more about Fairfax’s ALUs and why the county’s current regulations aren’t working, check out our action page for more information.

What’s in the survey?

While the survey only takes a few minutes, we want to offer an idea of what to expect and how we will be responding. The structure of the survey includes multiple choice questions with the option to provide further input via short answer responses. Here’s how we responded and why: 

Should an interior ALU be allowed in a townhouse?

• Yes. Allowing townhome owners to create self-contained ALUs through attic or basement conversions can enable them to maximize small, often unused spaces. 

Should the maximum size of an interior ALU be increased above 800 square feet?

• Yes. It is worth considering allowing larger interior ALUs, particularly given that the median size of a home in Fairfax County is over 2,000 square feet. 

Should the maximum size of a detached ALU be increased above 1,200 square feet?

• Yes. All ALUs in Fairfax must be “subordinate,” or visibly smaller than their primary dwellings, no matter the maximum square footage the county allows.
• It’s worth considering larger detached ALUs that are in proportion (and still subordinate) to the larger home and lot sizes in Fairfax, especially as ALUs will still be governed by rules relating to lot occupancy, setbacks, and other environmental regulations.

An ALU is currently limited to no more than 2 bedrooms and occupancy by 2 people. Should occupancy be increased to 3 or more persons?

• Yes. All other counties in Northern Virginia allow more than two people to occupy accessory dwellings. Relaxing this rule increases the level of impact this housing strategy can have and gives flexibility to residents undergoing life changes, such as young couples looking to start families. 

Should the property owner be required to live on the property if there is an ALU?

• No. Owner-occupancy requirements create another limiting factor in the ability of ALUs to be a truly effective housing solution. There are many circumstances under which homeowners may not be able to occupy their primary dwellings, such as military or State Department personnel who spend long stretches of time abroad. 
• While some may worry this would make it more likely for Wall Street investors to purchase these homes and rent them out, studies show this has not been a common occurrence in Northern Virginia.
• If that still makes you antsy, the state legislature is currently considering an ADU bill that would require owner-occupancy only at the time an application is submitted. We think this is a very reasonable compromise. 

Should an additional parking space be required for an ALU?

• No. As believers in smart growth principles, we see mandatory parking as mandatory paving. Parking minimums inherently drive up the cost of home production while increasing impervious surface areas that degrade our environment. 
• If you are uncomfortable with fully removing this requirement, we encourage you to offer a compromise that would not impose a mandate for an additional parking space for ALUs within a 1-mile radius of transit stations, or the county’s suggestion of not requiring an additional space on large lots. 
• Please note that waiving this requirement would not preclude homeowners from including a parking space for their ALUs, should they so choose. 

Should a detached (freestanding) ALU that meets all required standards be allowed without a public hearing?

• Yes. The reason we take time at the outset to establish thoughtful, standardized requirements for new development is to ensure a straightforward and predictable process. If a homeowner is willing to follow the county’s rules to contribute to this housing solution, they should not have to undergo a second process for changes they are already legally allowed to make to their own property. 

A detached ALU is only allowed on a lot that has a minimum of 2 acres, but only 5.8% of single-family dwellings in Fairfax County are on lots of 2 acres or more in size. Should a detached ALU be allowed on lots smaller than 2 acres?

• YES. This is by far the most restrictive regulation in Fairfax’s current ALU rules. Loudoun and Montgomery Counties, as well as much smaller jurisdictions like Alexandria, Arlington, and Falls Church, have no minimum lot sizes at all for detached ADUs. The county’s provided statistic is a perfect example of why this regulation is too stringent. 
• In each of the county’s proposed scenarios, an ADU smaller than what is allowed under current regulations is compared to three different lot sizes, ranging from .8 acres to .24 acres. We do not believe Special Permits should be required for any of these scenarios, given the reasons stated above. 

If you would like to leave the county additional feedback at the end of the survey, we encourage you to adapt any of the language from this alert or our action page that resonates with you.

We have the ability to make ALUs a powerful tool in the effort to expand access to housing for more Fairfax residents. We hope you will express your thoughts to the county in support of relaxing the current ALU regulations and making this an actionable housing strategy.