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Fairfax County residents have until Feb. 28 to weigh in on potential changes that could make accessory living units easier to establish in homes and on smaller properties.
County officials are reconsidering limits on the units four years after the zoning ordinance modernization initiative, known as zMOD, last revised the rules in 2021.
“We see ALUs as a valuable tool in the housing toolkit,” Deputy Zoning Administrator Casey Judge said during a Jan. 21 online community forum.
Accessory living units, or ALUs, are secondary living spaces located within or outside single-family homes. They are commonly called accessory dwelling units elsewhere, but Fairfax adopted different terminology to distinguish them from affordable dwelling units.
Fairfax currently regulates their size, occupancy, entrances, parking and other features. Despite easing some restrictions through zMOD, the county has not experienced the growth in accessory housing that officials expected.
Before 2021, occupants generally had to be at least 55 years old or have a disability. Property owners also needed a special permit involving public hearings.
The current ordinance allows anyone to occupy an ALU, but the owner must live in the primary residence. Detached units are limited to single-family properties of at least 2 acres and may house no more than two people.
County staff said Fairfax has approximately 160 approved ALU permits, accounting for about 0.08% of its detached single-family lots.
When compared with nearby jurisdictions, Fairfax appears to have unusually restrictive requirements, Deputy Zoning Administrator Carmen Bishop said.
County considers broader changes
At the Board of Supervisors’ direction, staff are evaluating a zoning amendment intended to expand housing options while Fairfax officials push back against what they view as state challenges to the county’s land-use authority.
Possible revisions outlined in a white paper released in early December include folding ALU approval into the standard building-permit process, extending permit renewals from every two years to every five years and changing the existing 1,200-square-foot limit.
The county’s online survey asks residents whether it should:
- Permit three or more occupants.
- Eliminate the requirement that an owner live on the property.
- Require an additional parking space.
- Allow qualifying detached units without a public hearing.
- Permit detached units on lots smaller than 2 acres.
- Allow interior units in townhouses.
Residents debate affordability and neighborhood impacts
Several participants in the Jan. 21 forum warned that broader rules could attract developers and private-equity firms seeking to buy properties and maximize building space.
“It’s fair for people to ask if it’s worth the risk,” resident Clyde Miller said.
Miller urged county officials to examine recent policy changes elsewhere in Northern Virginia and determine whether they actually produced housing for residents who need it most.
“It’s reckless to roll back those standards without an understanding of the extent to which they are likely to improve the supply of affordable housing,” he said.
Other speakers argued that loosening the regulations could help address Fairfax’s housing shortage while providing homeowners with additional income. One participant said that during a recent home search in a specific school attendance zone, the least expensive available property was listed for $1.7 million.
Falls Church offers one example of a compromise. Its City Council unanimously approved a major rewrite of accessory-dwelling regulations in April 2025 after an extended public process.
“There was a serious effort to find compromise — to find a middle ground,” council member David Snyder said at the time. “A genuine effort to listen to all the citizens.”
Snyder had raised concerns about possible effects on residential neighborhoods but ultimately supported the final rules.
Any Fairfax proposal resulting from the review would proceed through county advisory bodies before reaching the Planning Commission and then the Board of Supervisors.
Judge said staff want to craft changes capable of winning community support.
“Having clear standards in our zoning ordinance will ensure consistency and predictability,” she said.