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Fairfax County proposes more flexibility for home-based businesses and accessory dwellings

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A photo of an illegal accessory dwelling in Arlington published by Greater Greater Washington. (Radcliffe Dacanay licensed under Creative Commons)
Fairfax County is proposing to loosen the zoning rules for accessory dwellings and home-based businesses.

The changes are part of the Department of Planning and Development’s multiyear effort, known as zMOD, to rewrite the county’s zoning ordinance.

The department is seeking public input on the proposed changes and encourages people to take a survey on the proposal for accessory dwelling units here. A survey on home-based businesses is available here.

An accessory dwelling unit (ADU) is a smaller unit on a single-family property that has components for eating, sleeping, living, and sanitation. It can be inside an existing building or a separate detached structure.  

ADUs were approved by the Board of Supervisors in 1986 to give older family members a means to age in place and increase housing options for people with disabilities.

To have an interior ADU, a homeowner has to request a special permit from the Board of Zoning Appeals (BZA), which requires a public hearing. The proposed zMOD changes would allow a homeowner to apply for an administrative permit, which doesn’t require a public hearing.

Under the current regulations, an occupant of an interior or detached ADU must be age 55 or older or have a disability. The proposed zoning change would allow anyone to live in an ADU.


Currently, an interior ADU can be up to 35 percent of the main dwelling unit’s space. The zMOD proposal would set a maximum ADU size of 1,200 square feet. Homeowners would also have to identify a designated parking space; currently, the BZA determines whether an ADU proposal calls for adequate parking. Interior ADUs would still be restricted to single-family homes.

Both interior and detached ADUs would continue to be limited to two occupants and two bedrooms.  

Detached ADUs would also be limited to 1,200 square feet. However, the zMOD changes would retain several existing requirements for detached ADUs, including a minimum lot size of two acres and the need for a BZA special permit and public hearing. The BZA would determine the amount of parking needed.

The zMOD changes for home-based businesses would consolidate the current administrative home occupation permit and the special permit, which requires a public hearing before the BZA for a professional office, barbershop, or beauty parlor in a home.

The new permit could be approved administratively unless the homeowner wants more than the minimum number of customers or employees. In that case, the owner would have to apply for a special permit.

Currently, only some types of home businesses are allowed to have customers. The proposed zoning change would allow all home businesses to have up to eight customers a day, including four customers at a time in a single-family detached dwelling and two at a time in other types of dwellings, including townhomes and condos.

All customers would need an appointment, and appointments must be placed at least 15 minutes apart. Only one employee would be allowed in a single-family detached home and no employees in other types of homes.

Current zoning rules list certain types of businesses, such as teacher, dressmaker, and barber. The proposed change would instead list categories of prohibited uses, such as vehicle repair, restaurants, warehouses, storage yards, and contractors. Signs or other exterior evidence that the home is being used as a business would be banned.

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