Accessory Dwelling Unit Occupancy

The City of Fairfax proposed amendments to Chapter 110 (ZoningZoningThe city rules that say what can be built where: uses, height, density, setbacks, and parking, by district.) of the City Code to reform Accessory Dwelling UnitAccessory dwelling unitA second, smaller home on a single-family lot: a basement apartment, a garage conversion, or a backyard cottage. (ADU) occupancy standards, reduce certain special use permitSpecial use permitPermission for a use the zoning allows only case by case (a drive-through, a school, a larger building). Needs a public hearing and a council vote, and can carry conditions. requirements, and make miscellaneous zoning clarifications.

The ADUAccessory dwelling unitA second, smaller home on a single-family lot: a basement apartment, a garage conversion, or a backyard cottage. occupancy component — the most substantive element — eliminated age and disability requirements as conditions of ADU occupancy and updated outdated terminology (replacing "family" with "household" and removing a duplicative definition in favor of a code cross-reference). Staff framed this as a relatively minor, standalone regulatory change that could be addressed independently of a broader, more complex comprehensive ADU review planned for the coming year. The Planning CommissionPlanning CommissionThe appointed body that reviews land-use applications and plans first and sends a recommendation to City Council, which makes the final decision. held a public hearingPublic hearingThe formal, legally advertised part of a meeting where anyone can speak on an item before the body votes. on July 14, 2025, and voted 4-0 to recommend City Council approval.

City Council approved OrdinanceOrdinanceA local law. Ordinances amend the city code and need a public hearing and two readings. 2025-06 unanimously (6-0) on July 22, 2025, enacting the amendments.