Accessory Dwelling Unit Occupancy

Summary

The City of Fairfax undertook amendments to Chapter 110 (Zoning) of the City Code addressing Accessory Dwelling Unit (ADU) occupancy standards, among other miscellaneous zoning changes. The core change was the elimination of age and disability requirements as conditions for ADU occupancy — characterized by staff as a removal of a regulatory hurdle rather than a substantive policy shift. The amendments also updated terminology (replacing "family" with "household" and referring readers to the formal definition rather than restating it inline), which staff emphasized did not change any existing policy. Both the Planning Commission and City Council held work sessions prior to formal action — the Planning Commission in May 2025 and City Council in June 2025. On July 14, 2025, the Planning Commission voted 4-0 to recommend City Council approval of the ordinance amendments. On July 22, 2025, City Council approved Ordinance 2025-06 unanimously by a 6-0 roll call vote. Staff noted that these ADU occupancy changes are intentionally scoped as a discrete, minor regulatory update, separate from a broader comprehensive review of ADU regulations (including physical standards, permitting location and manner, etc.) that is planned over the coming year, with a community meeting anticipated for Fall 2025.

Open questions & options on the table

• A comprehensive review of ADU regulations overall (covering physical characteristics, where/how ADUs are permitted, and other standards) is explicitly planned as a future process, with a community meeting noted for Fall 2025 — scope, timeline, and outcomes of that review remain unresolved.

What members have said

Positions as recorded in meeting minutes; votes without recorded comment aren’t summarized.

Discussion time

Minutes of named discussion per transcribed meeting.