The Fairfax County Planning Commission deferred a decision on the controversial accessory living unit (ALU) zoning amendments following a three-hour public hearing on Oct. 29, pushing the vote to Nov. 4 to allow more time for review.

County planners Casey Judge and Carmen Bishop, joined by Zoning Administrator Andrew Hushauer, presented proposed ALU zoning amendments as part of the county’s housing action plan to increase flexibility while retaining standards for neighborhood compatibility. Staff described the proposal as a way to streamline ALU review. They defined an ALU as “a secondary dwelling unit that’s in conjunction with and clearly subordinate to a single-family detached dwelling unit,” and described interior and detached configurations. The proposal would remove the separate zoning administrative permit, the owner-occupancy requirement, and the requirement for an additional off-street parking space for an ALU. Zoning standards would still be reviewed as part of the building-permit process, and other applicable requirements would remain.

Regarding proposed updates to the county’s Accessory Living Unit ordinance, Commissioner Candice Bennett, an at-large member and parliamentarian of the Fairfax County Planning Commission, confirmed with county staff after the meeting and clarified to The Connection in an email that "the amendment would not apply to areas that have their own municipal zoning codes." 

Public speakers testifying following the staff report offered differing views on the proposed changes. Among them, Clint Harris, president of the McLean Citizens Association, supported interior ALUs that do not change a home’s exterior, but raised concerns about exterior units on smaller lots and their height, as well as the potential impact of removing owner-occupancy and parking requirements.

“Our concerns relate to allowing exterior ALUs on lots smaller than half an acre, and allowing overly tall exterior ALUs, eliminating the owner-occupant requirement, [and] reducing on-site parking requirements,” Harris said. He said the association supported eliminating the separate administrative permit, its two-year approval period and five-year renewal requirement, and the requirement to record permits in land records.

Clyde Miller, testifying for the Holmes Run Valley Citizens Association, supported adding housing options but urged the commission to consider neighbors’ interests regarding occupancy, traffic, and parking. He said the owner “should be required to live on the property,” and said that unrelated residents should be limited to six.

Becca Dedert, a Virginia housing advocacy specialist with the Coalition for Smarter Growth, supported staff’s core recommendations and urged the commission to go further by eliminating minimum lot sizes for detached ALUs and allowing interior ALUs in attached homes by right.

“We strongly encourage the Planning Commission to meet standard practices for accessory home regulations and eliminate minimum lot size requirements entirely for detached ALUs,” she said. Citing the county’s housing needs assessment, Dieter said Fairfax would need 40,000 to 95,000 new homes by 2035.

Following the staff presentations, public comment, and commissioner discussion, the Planning Commission unanimously deferred a decision on the proposed ALU amendments to Nov. 4. The Board of Supervisors is scheduled to hold a final public hearing on the matter on Nov. 17.

As county leaders deliberate, the debate highlights the ongoing challenge of balancing regional housing goals with traditional suburban neighborhoods.

“We're hopeful the Planning Commission will take the time to seriously consider how to achieve a balanced approach that provides additional housing options through ALUs while maintaining the character of single-family neighborhoods,” Tyler Ray, president of the Bren Pointe Homeowners Association and founder of the Save Bren Mar Coalition, said in an email to The Connection. “We believe this includes an owner-occupancy requirement, [retaining the] permit process, and ensuring adequate parking.”

To view the video, visit https://video.fairfaxcounty.gov/player/clip/4325?view_id=10&redirect=true.