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The Fairfax City Council voted 4-2 on July 28 to permit detached accessory dwelling units by right on residential properties where the homeowner occupies the main residence.
The zoning amendments expand the city’s options for accessory housing. Fairfax City already allowed attached accessory dwelling units before the council’s decision.
Detached units will have to meet limits governing their height, size and placement. A unit may be no taller than 20 feet or the main home, whichever is lower. It also must be less than half the size of the main home and less than 35% of the designated floor area.
The rules establish an 8-foot side setback and a 20-foot rear setback from neighboring yards. A property with an accessory dwelling unit must also provide two off-street parking spaces.
Property owners seeking to convert existing structures that do not meet the standards may pursue approval through the Board of Zoning Appeals.
City officials estimate that about 50 detached accessory dwelling units could be developed over the next 10 years. That projection is based on construction costs and the level of interest observed in nearby jurisdictions.
The vote followed debate over whether homeowners should instead have to obtain a special-use permit. Councilmember Stacy Hall supported that additional review, arguing that detached units can affect neighboring property owners and should receive public scrutiny.
“Why are we so afraid of doing this by special use permit?” Hall said.
Senior planner Eric Forman said council members had generally been reluctant to make residents testify publicly and explain proposed changes to their homes.
Councilmember Billy Bates raised concerns about the cost of a special-use-permit process. He said it would entail a $600 fee, expenses for required documentation and labor costs regardless of whether the city approved the application.
“I would have concerns about the burden that that fee might place on people who want to do this,” Bates said.
Councilmember Anthony Amos opposed requiring a special-use permit on property-rights grounds.
“People have a right to their property, and they should be allowed to develop it within reason,” Amos said.
The council also considered delaying its decision. Councilmember Thomas Peterson moved to postpone the matter until September, saying the public should have more time to absorb information that city staff presented that night. The motion failed on a 3-3 vote. Peterson later voted in favor of the final amendments.
Two residents addressed the council during the public hearing before the vote. One supported the proposal, while the other opposed it.
The Fairfax City Planning Commission had unanimously recommended approval at a June 22 public hearing. Commissioners nevertheless identified concerns about existing parking problems and the enforcement of rules covering overcrowding and owner occupancy.
The council began discussing a policy for detached accessory dwelling units in 2024 and voted during a May 2026 work session to advance the zoning amendments.
The local action also comes ahead of a statewide change. The Virginia legislature passed a law in spring 2026 granting homeowners the right to build accessory dwelling units in districts zoned for single-family homes. The state law is scheduled to take effect July 1, 2027. How that law will interact with Fairfax City’s amendments remains unclear.