As part of its Zoning Ordinance Modernization (zMOD) project, Fairfax County is looking for feedback on two uses that are allowed in a dwelling – accessory dwelling units and home-based businesses. In response to current trends, the proposed regulations would streamline the approval process and better address affordability concerns for homeowners and small businesses. 

Accessory dwelling units are currently only allowed in single family detached homes in the County with special permit approval by the Board of Zoning Appeals and require an occupant of either the main house or the accessory unit to be over the age of 55 or to be a person with a disability. The proposed regulations would remove the age and disability requirement and update the size limitations from 35% of the size of the principal home to a maximum of 1,200 square feet. For accessory dwelling units located within a home, the proposal replaces today’s special permit and public hearing process with an administrative approval. Detached accessory dwelling units would continue to require at least two acres of land and special permit approval.

The County is also looking at ways to consolidate the different types of home-based businesses. Under current regulations, processes and regulations vary by business type. For example, certain uses, like teaching music lessons or Pilates, allow customers or clients to come to the home with an administrative approval, while others, like accounting, require a costly special permit for customers to come to the home. The proposed regulations would allow certain home-based business owners to apply through an administrative process and could allow up to eight customers in a day (with two to four customers at a time, depending on unit type). Only businesses in single family detached homes would be allowed to have an employee, where no employees would be allowed in all other dwelling types. Applicants who want to have more customers or employees would be required to go through a public hearing process. The proposed regulations and application process would create a more equitable system for home-based business owners.

The proposed changes are part of zMOD, an effort to modernize the Fairfax County Zoning Ordinance. The Department of Planning and Development is seeking input from residents on the proposed changes through a survey.  Learn more about the proposed changes by watching two short videos and submit feedback by taking the surveys.