Fairfax County delays vote on new rules for backyard homes

Fairfax County officials pushed back a decision on new housing rules until November 4.

The Planning Commission deferred its vote on a proposed amendment to zoning regulations governing accessory living units. The next step in the process is a hearing before the Board of Supervisors on November 17.

The proposal aims to increase the supply of housing by making it easier to build subordinate dwellings on single-family lots. These units must include a kitchen, bathroom, bedroom, and living space. County officials want to lower barriers to construction to meet regional housing goals.

Neighborhood representatives warned that the changes would alter the character of established areas. Tyler Ray, vice chair of the Mason District Council, spoke for 12 civic associations, including those in Pinecrest and Ravenwood Park. He argued that removing the requirement for the primary homeowner to live on the property would reduce oversight.

Ray stated that owners living on the site have a direct stake in maintenance, noise control, and parking. He noted that 65 percent of survey respondents wanted to keep the owner-occupancy rule. Ray also urged the commission to ban detached units on lots smaller than 36,000 square feet, particularly in dense Planned Development Housing districts.

The proposal would allow detached units on lots of that size or larger without a hearing. It would also raise the height limit for detached units from 20 feet to 35 feet. The maximum size for these units would increase to 1,200 square feet. The number of allowed occupants would rise from two to three, and the requirement for an additional off-street parking space would be dropped.

Zoning staff addressed questions after the hearing. They clarified that homeowner associations could still ban these units through their own rules. Staff also said the new rules would not apply to townhouses. If a homeowner sells the property, the new owner would need a fresh permit to keep the unit in use. Staff told the commission that investors are unlikely to buy homes solely to create these living spaces.