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| The building to the left of this house in Mason District appears to be an ALU. |
At a town hall on zMOD hosted by Braddock Supervisor James Walkinshaw Jan. 25, most of the questions were about the most controversial issues – accessory living units (ALUs) and home-based businesses.
zMOD would make it easier for a resident to create an ALU inside their home.
Under current zoning rules, a property owner needs a special permit, which requires a public hearing before the Board of Zoning Appeals, in order to have an interior ALU. Under zMOD, a homeowner would only need an administrative permit, which doesn’t require a hearing and can be handled over the counter.
Due to a large number of complaints about that change, the county zoning staff is giving the BoS an option to retain the requirement for a hearing.
ALUs that are in a detached building on a homeowners’ property would still need a special permit. Detached ALUs can only be approved on lots that are at least two acres.
Related story: Concerns raised about dropping public hearing requirement for accessory dwelling units
An ALU must have a kitchen, bathroom, and area for living and sleeping. ALUs are restricted to single-family homes; they are not allowed in townhouses or condos. They also can’t be used for short-term lodging.
A maximum of two people can live in an ALU. The property owner must live in either the ALU or the principal dwelling. The owner must provide at least one additional off-street parking space beyond what is already required.
Under the current zoning rules, at least one person living in an ALU or main dwelling unit must be age 55 or older or have a disability. The zMOD proposal gives the BoS an option to consider removing that requirement.
In an interior ALU, the size of the ALU can be no bigger than 800 square feet or 40 percent of the principal dwelling size, whichever is less. The BoS is given the option of allowing the entire basement to be considered an ALU. Detached ALUs can be up to 1,200 square feet.
Since 1983, Fairfax County approved 219 ALUs and denied 17. If the new rules are approved, “we do anticipate modest increases; we don’t think it’s going to be crazy,” said Carmen Bishop, senior assistant to the zoning administrator in the county’s Department of Planning and Zoning.
zMOD consolidates the current rules on home occupations, home professional offices, and home-based barbershops/beauty salons.
Examples of home-based businesses include teaching, fitness training, repair of small household items, and sewing or tailoring. Production of handcrafted or food items is allowed but is limited to off-site delivery. Hair salons are allowed but massages, facials, and manicures are not.
Related story: ZMod and ADUs: A solution in search of a problem
These businesses can have no more than two customers at a time and six customers per day. Businesses in single-family detached homes can have one employee; businesses in other types of homes cannot have any employees. There must be one dedicated parking space.
A home-based business can have up to three small temporary signs the size of a yard sign for a political candidate.
The county’s zoning rules don’t take precedence over more restrictive HOA covenants.
Among other changes to the zoning code in zMOD discussed at the Jan. 25 meeting:
- Food trucks are allowed in residential areas – such as parking lots at community pools and religious buildings – up to 12 times a year with an administrative permit. No more than three food trucks are allowed at a time, and they can’t be on the premises for more than four hours.
- Solar panels can exceed a building’s height by five feet.
- Fences on decks can be up to eight-and-a-half feet high.
- New types of uses have been added, such as trampoline parks, cat lounges, and electric vehicle charging stations.
- The language is simplified and the structure of the document is more intuitive, with more graphics. There are just nine articles instead of 20. The new document can be more easily viewed on a phone and tablet.