On Monday, January 22, Fairfax County may face a conflict at the state level regarding proposed changes to restrictions on accessory residential units, spearheaded by State Senator Saddam Salim (D-37) from Falls Church. Senate Bill 304 seeks to mandate localities, including Fairfax County, to allow accessory dwelling units (ADUs) in residential areas without specific conditions, such as the requirement for dedicated parking for these units.
Fresh off a primary victory over longtime senator Chap Petersen and a successful general election, Senator Salim expressed pride in sponsoring the bill during his first term representing the 37th Senate District, covering Tysons, Vienna, Merrifield, Oakton, and the cities of Fairfax and Falls Church. The proposed legislation is aimed at addressing the escalating cost of housing in Virginia.
Senator Salim emphasized the need for diverse and creative housing options to combat the growing housing crisis. ADUs, defined as independent secondary units on single-family lots with their own living, bathroom, and kitchen spaces, offer additional living spaces without extensive new construction.
The bill prohibits localities from requiring special permits for ADUs and mandates their permission in residential districts as an accessory use. Fairfax County would generally permit ADUs with only an administrative review. While localities can impose a permit fee of up to $100 and set conditions like a one-ADU-per-lot limit, a minimum rental period of 30 days, and compliance with building codes, certain restrictions clash with Fairfax County’s existing regulations.
Fairfax County adopted zoning regulations in 2021 and May 2023 as part of its Zoning Ordinance Modernization Project (zMOD), allowing accessory living units (ALUs) through administrative permits. These regulations include size limits, occupancy restrictions, and owner occupancy requirements. However, SB 304 prohibits certain conditions, including dedicated parking for ADUs, which conflicts with the county’s regulations.
The McLean Citizens Association, representing the greater McLean area, expressed concerns in a letter to the county’s General Assembly delegation, stating that SB 304 could nullify some provisions of zMOD. The association urged withdrawal or amendment of the bill to align with Fairfax County’s Zoning Ordinance.
Senator Salim acknowledges the importance of local control over land use but emphasizes the urgency of addressing the housing shortage. He is in the process of meeting with stakeholders, including Fairfax County representatives, and anticipates introducing amendments to the bill this week. Despite local concerns, Senator Salim points out that other states, such as California, Utah, Washington, and Connecticut, have successfully implemented widespread permissions for constructing ADUs.
