Subject:
Title
9:00 p.m. - 10:00 p.m. - Housing Diversity: Accessory Living Units (ALUs)
Body
BACKGROUND SUMMARY:
On January 29, 2024, the Town Council adopted Housing Diversity as one of four priorities for the calendar year 2024.
On May 6, 2024, staff provided a presentation on some of the types of housing diversity that exist. The Town Council then began a conversation on how it might define its goals with respect to housing diversity and continued that conversation during a work session on May 13, 2024. A staff summary of the May 13th discussion is provided as Attachment 1.
The Town Council has not yet provided direction to staff on which of the approaches, if any, it wishes for staff to pursue. However, the Town Council has begun to define some of its areas of interest. On May 13th, there was clear interest in pursuing a discussion of accessory dwelling units as an option to provide housing diversity.
OVERVIEW:
As follow-up, the Mayor has requested that a work session be held on the topic of residential accessory units, which are, in Fairfax County, referred to as “accessory living units.” (In Fairfax County, ADUs mean Affordable Dwelling Units and ALUs mean Accessory Living Units.). This report will refer to them as Accessory Living Units (ALUs) because this approach is consistent with Fairfax County and because that is the term the Town of Vienna used in a survey in 2021 (discussed below).
Comparison Jurisdictions
This topic is being discussed throughout the country, in smaller and larger jurisdictions. Many approaches are being explored and implemented. To assist in this national discussion, the American Planning Association (APA) has developed some discussion points on the topic. Attachment 2 is an APA Quicknotes document that provides a definition and summary of the topic. Staff notes that the document’s position, reflecting that of APA, is in favor of zoning that allows these units to exist, and APA has even drafted what it considers to be a model ordinance. Staff understands that Vienna has made no such decision. If the Town Council wishes to pursue this path further, more information can be brought, including options for what an ordinance would include.
This report also includes documents that show the approaches of some nearby Northern Virginia jurisdictions, though many others could have been selected.
Fairfax County allows ALUs in very specific circumstances and with clear rules. Fairfax County considers an ALU to be the following: “An accessory living unit is a secondary dwelling unit established in conjunction with and clearly subordinate to a single-family detached dwelling unit.” Such units have, at minimum, at least one bedroom, a separate bathroom and a separate kitchen.
Attachment 3 provides a summary of Fairfax County’s program, as of April 2021. Attachment 4 is a Frequently Asked Questions document, also produced by Fairfax County in 2021.
The City of Fairfax restricts ADUs (ALUs) to seniors and those with disabilities. Language from its Zoning Ordinance is included as Attachment 5.
Staff from the City of Falls Church prepared a presentation document in December 2022, to support the discussion in Falls Church. That document is Attachment 6, and provides comparisons with other jurisdictions, including Arlington County. Falls Church does permit ADUs (ALUs) internal to the primary structure but is considering broadening its rules to allow more options.
The Town of Vienna
The Town has had some interest in this topic in the past. A 2021 Code Create survey conducted on residential standards included questions about the public’s level of interest in accommodating ALUs. The results are in Attachment 7 and show moderate support for ALUs in Vienna. Respondents were somewhat supportive of ALUs being allowed either in the interior of the existing home, attached to the main home, or as part of a garage (either in a converted garage or on top of the garage). There was less support for ALUs being in detached buildings, though 46% of respondents did indicate support that approach.
If the Town were to move towards allowing ALUs, staff would recommend that the Town Council hold a discussion to determine specific components and policies of the program. Examples of questions to address include, but are not limited to:
- Would ALUs be allowed only interior to primary homes or would they be allowed in structures that are detached from primary homes?
- Would ALUs be allowed to be connected to or above detached garages on single-family lots?
- In what residential contexts would ALUs be allowed? Would they be restricted only to single-family detached homes, or would they be allowed in other types of homes?
- If detached ALUs were to be allowed, would there be a minimum lot size on which they could be built?
- Would the Town require that additional on-site parking be provided to accommodate ALUs?
- Would there be a limit on the square footage of an ALU?
- Would ALUs be open to anyone, or would they be permitted only for certain populations (seniors, those with disabilities, relatives of the primary residence, etc.)
- Would there be a maximum number of people permitted to reside in an ALU?
- Would all current lot-coverage requirements continue to be enforced or would an increase be permitted in order to encourage ALUs?
- Would ALUs be allowed only for long-term rentals (e.g., more than 30 days) or would short-term rentals also be acceptable?
Again, staff has provided this list as future discussion points if, and only if, the Town Council wishes to move forward on allowing ALUs in Vienna. It is staff’s view that discussing these details may be best left for a future date. Staff would then bring forward a comprehensive list, to include the items above.
Proposed State Legislation - Proposed in 2024
As the Town Council knows, legislation was introduced during the 2024 Virginia legislative session by Senator Salim that, if it had been adopted, would have required all jurisdictions to allow ADUs (as it was referenced in the bill) in all single-family zoning districts as a permitted use. A few other U.S. states have adopted such requirements. It would have allowed localities with zoning authority some latitude to impose some specified requirements, but jurisdictions would not have been allowed to prohibit ALUs. This legislation, which is Attachment 8, was not adopted in 2024.
SUMMARY/STAFF IMPRESSIONS:
Staff understands that the Mayor’s purpose for requesting this work session is for the Town Council to begin a discussion of its level of interest in potentially allowing ALUs in Vienna. Staff seeks any guidance that the Town Council would like to provide on 1) the Town Council’s level of interest in pursuing this matter further, and 2) any first thoughts on the parameters, rules or limits that would be included as part of an ALU/ADU code change. Staff is prepared to conduct additional research to return for a future discussion where the Town Council could make decisions and provide direction.
A staff presentation document is provided as Attachment 9.
RECOMMENDATION:
Recommended Action
Staff recommends that the Town Council hold a discussion regarding its level of interest in considering allowing ALUs in the Town of Vienna.