Subject:
Title
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 of 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 on May 13, 2024.
These conversations have been in the context of work sessions, meaning that the Town Council has not yet provided direction to staff on which of the approaches, if any, that staff should pursue. However, the Town Council has begun to define some of its areas of interest.
OVERVIEW:
The Mayor asked that a work session be held on the specific housing topic of accessory units for people to reside, which are, in Fairfax County, referred to as “accessory living units.” (In Fairfax County, ADUs mean Affordable Dwelling Units and ALUs mean Accessible Living Units.). This report will refer to them as ALUs, because it is consistent with Fairfax County’s approach 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.
Staff has had very little time to assemble information, and almost no time to provide analysis. To facilitate the discussion, staff has provided documents that show the approaches of some nearby Northern Virginia jurisdictions. There are many other jurisdictions that could also be included. Staff is happy to produce additional material, with analysis, for future discussions.
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 1 provides a summary of the program, as of April 2021. Attachment 2 is a Frequently Asked Questions document, also from 2021.
The City of Fairfax restricts ALUs to seniors and those with disabilities. Language from its Zoning Ordinance is included as Attachment 3.
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 4, and provides comparisons with other jurisdictions, including Arlington County.
The Town of Vienna
The Town has had some interest in this topic in the past. As a result, 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 5 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 support that approach.
If the Town were to move towards allowing ALUs, staff would recommend that the Town Council discuss the various options for how to manage the program. Examples of options include, but are not limited to:
- Would the ALUs be strictly interior to the primary structure/home or would they be allowed in detached structures?
- If detached ALUs are allowed, would there be a minimum lot size on which they could be built?
- Would more parking be required to accommodate an ALU?
- Would there be a limit on the square footage of an ALU?
- Would an ALU be open to anyone, or would they be permitted only for certain populations (seniors, those with disabilities, relatives, etc.)
- Would there be a maximum number of people permitted to reside in the ALU?
- Would all lot-coverage requirements continue to apply or would there be exceptions for ALUs?
- Would ALUs be only for long-term rentals (e.g., more than 30 days) or would short-term rentals also be acceptable?
- {Several others)
Staff has provided this list not as proposed discussion points but to help frame the Council discussion. It is staff’s view that discussing these details may be best left for a future date, if the Town Council has any interest in potentially allowing ALUs.
Introduced State Legislation
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. It would have allowed jurisdictions some latitude to impose some requirements, but jurisdictions would not have been allowed to prohibit them. This legislation, which is Attachment 6, 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. The purpose of this discussion would not be for the Town Council to make decisions on all the potential details, but instead to indicate whether staff should conduct additional research to return for a future discussion where Council could make decisions.
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.