ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of October 21, 2017 DATE: October 13, 2017 SUBJECT: Request to authorize advertisement of public hearings by the Planning Commission and County Board to consider proposed amendments to Section 12, 14 and 18 of the Arlington County Zoning Ordinance to revise accessory dwelling regulations in order to increase opportunities for residents to add accessory dwellings, while maintaining the residential neighborhood character. C. M. RECOMMENDATION: Adopt the attached resolution to authorize advertisement of public hearings by the Planning Commission on November 6, 2017, and the County Board on November 18, 2017, to consider proposed amendments to Sections 12, 14 and 18 of the Arlington County Zoning Ordinance to revise the accessory dwelling regulations in order to increase opportunities for residents to add accessory dwellings, as shown in Attachment A. ISSUES: This is a request to advertise Zoning Ordinance amendments to the accessory dwelling regulations. The Affordable Housing Master Plan identified accessory dwellings as a tool to promote a wider diversity of housing and household types in single-family neighborhoods, while maintaining neighborhood character and underlying zoning. Community concerns include: Proximity of detached accessory dwelling from neighboring property lines; Financing and cost issues related to deed covenant and building code requirements, respectively; Proposed size limitations of detached accessory dwellings; and Owner-occupancy requirements as it relates to jobs that require extended travel. These issues and other comments received are discussed later in the report and also addressed in the comment response matrix in Attachment B. County Manager: ##### County Attorney: ***** Staff: Joel Franklin, DCPHD, Housing Division Deborah Albert, DCPHD, Planning Division 44.
SUMMARY: The goals for revising the zoning regulations are to increase opportunities for residents to add accessory dwellings, while maintaining the character of residential neighborhoods. The main proposed revisions are as follows: Allow for accessory dwellings in detached accessory buildings; Increase the maximum occupancy from two to three; Increase the maximum square footage from 750 sq. ft. to 1,000 sq. ft. for an accessory dwelling wholly within a basement; Remove the minimum lot width requirement and area requirements; Remove the requirement that a resident must live in the dwelling for one year prior to applying for accessory dwelling; and Remove the annual limit of 28 accessory dwellings in the County. Staff is proposing that the following requirements remain largely unchanged: Owner-occupancy requirement; Parking requirements; Compliance requirements; and Design requirements, although some revisions are proposed to allow for additional flexibility. BACKGROUND: In July 2008, the County Board adopted Zoning Ordinance regulations to allow accessory dwellings within single-family homes. This amendment became effective on January 1, 2009. Currently in Arlington, an accessory dwelling is an independent dwelling unit that has its own kitchen and bath, is within a single-family detached house, is occupied by not more than two persons, and has a separate entrance. The adopted regulations were restrictive in some areas in an attempt to mitigate community concerns about the then unknown impacts of the new accessory use, related to overcrowding, a large number of accessory dwellings being added, and unknown impacts on the character of the neighborhood, parking and traffic. Since 2009, twenty accessory dwelling units have been approved, and no complaints have been generated as a result of the addition of these units. The twenty approved units are located in East Falls Church, Waycroft-Woodlawn, Lyon Park, Barcroft, Aurora Highlands and elsewhere as shown in figure 1 below. RTA ZOA Accessory Dwellings - 2 -
Figure 1: Accessory Dwelling Locations Arlington has averaged two and a half accessory dwellings per year with a high of six approved in 2015 as shown below. Year 2009 2010 2011 2012 2013 2014 2015 2016 Total # 2 3 3 1 1 1 6 3 20 In September 2015, the County Board adopted the Affordable Housing Master Plan, an element of Arlington County s Comprehensive Plan. The Plan was developed as the County s long-range vision for addressing housing needs and called for the County to explore zoning regulations that allow and promote a wider diversity of housing and household types in single-family neighborhoods that help meet the evolving needs of families and households while maintaining neighborhood character and underlying zoning. The Plan identified accessory dwellings as an existing tool to help provide an adequate supply of housing, help older adults age in place, provide a typically lower-priced housing alternative, and enable homeowners to receive additional income. The implementation framework recommended review of the Zoning Ordinance regulations to encourage greater opportunities for accessory dwellings, and the County Board directed staff to study accessory dwelling adjustments as one of the priority items in implementing the Plan. RTA ZOA Accessory Dwellings - 3 -
The Affordable Housing Master Plan indicates that older adult households are expected to grow three times faster than other households 1. According to a survey conducted during the development of the Plan, many older adults want to remain in Arlington but worry about rising housing costs. The average age of the homeowners who have created an accessory dwelling in Arlington to date is 55. Additionally, the Affordable Housing Master Plan highlighted a sharp decline in the number of market affordable units, and noted a need for 7,000 additional affordable units. The average rent that is reported being charged for accessory dwellings in Arlington is $1,000, which is considered affordable to renters whose income is below 60% of area median income for a one-bedroom unit. While accessory dwellings will not alone solve the housing affordability issue, as the Plan notes, it is another tool to provide a typically lowerpriced housing alternative. DISCUSSION: As noted above, the Affordable Housing Master Plan identified accessory dwellings as a tool to promote a wider diversity of housing and household types in single-family neighborhoods, while maintaining neighborhood character and underlying zoning. The areas where accessory dwellings are currently allowed are exclusively single-family neighborhoods. These neighborhoods are planned for low density residential use on the General Land Use Plan (GLUP) with densities typically ranging from1-10 dwelling units per acre. The proposed amendments are designed to enable the creation of more accessory dwellings than Arlington has seen to date while also ensuring consistency with the GLUP designation for these areas. Accessory dwelling regulations are designed to ensure that where an additional dwelling is allowed on a one-family lot, it is allowed in a manner such that it is designed to be smaller than the main dwelling and to accommodate a smaller household. Coupled with other regulations related to design, bulk and placement, the accessory dwelling remains consistent with an accessory use as opposed to a principle use. This is in contrast to other areas of the County, which may be planned and zoned for two-family (e.g. duplex or semidetached units), where such restrictions would not be applied. The proposed changes are intended to add flexibility to the accessory dwelling regulations in order to facilitate additional opportunities to add accessory dwellings, while continuing to enforce the accessory nature of the use of a second dwelling on a one-family lot. The proposed amendments are organized below by the specific changes to each element of the zoning regulations. In most cases, changes are proposed to revise regulations. In limited circumstances, new allowances are proposed. The headings indicate whether considerations represent revisions or new regulations. Element: Lot area and width (Revision) Lot area: Currently the lot must meet the minimum area requirement of its zoning district in order to create an accessory dwelling. Approximately twenty percent of the single-family lots in Arlington County are nonconforming with respect to area (e.g., they have less than the minimum area required by the Zoning Ordinance). Staff is proposing to remove this restriction. While nonconforming lots are smaller than the minimum size required by the Zoning Ordinance, 1 Chart on page 14 of Affordable Housing Master Plan (AHMP) shows households 65 years and older increasing from 12,300 to 21,500 households between 2010 and 2040. RTA ZOA Accessory Dwellings - 4 -
setback requirements from front, side and rear lot lines are the same for undersized lots as they are for conforming lots, ensuring that buildings and structures on these lots maintain adequate distance from neighboring lots. In addition, the Zoning Ordinance includes requirements that ensure a minimum distance between an accessory and a main building, and requirements that restrict the height of accessory buildings within a certain distance from a street and from a rear lot line. These requirements are designed to introduce a taper in height for accessory buildings as they approach neighboring properties in the rear and as they appear from the street. Staff proposes that these existing requirements that apply to all accessory buildings on all one-family lots, mitigate the potential impacts of adding an accessory dwelling on an undersized lot in the same manner as on a standard-sized lot. While some undersized properties may continue to be ineligible to add an accessory dwelling due to a lack of space, the removal of this restriction allows for the opportunity on those lots that could physically accommodate an accessory building. Lot width: Under the current provisions, lots must have a minimum width of 50 feet to create an accessory dwelling. Staff is proposing to remove this requirement, allowing an accessory dwelling to be created on an existing lot even if it does not meet the minimum lot width requirement for the subject zoning district. Residential (R) districts have varying minimum lot width requirements depending on the zoning district, ranging from 50 feet in R-5 districts, to 100 feet in R-20 districts. Approximately 10% of the single-family lots in Arlington do not have a width of 50 feet, however, many of those lots are just shy of meeting the 50-foot width requirement. Like the lot area requirement discussed above, buildings on lots that do not meet the minimum lot width requirements for the zoning district, still must meet all setback and other bulk and placement requirements, similarly mitigating the potential impacts of adding an accessory dwelling on the lot. In both cases of nonconforming lot area and width, the size of the lot may necessitate a smaller accessory dwelling than may be accommodated on a standard lot, in order to meet all the bulk and placement requirements, while still allowing for an accessory dwelling appropriately scaled to the subject lot. Summary of Proposed Lot Area/Width Requirements Current Lot must meet minimum area requirements of district 50-foot minimum lot width required Proposed Accessory dwelling allowed on lots that do not meet the minimum area requirement for the subject district Accessory dwelling allowed on lots that do not meet the minimum lot width requirement for the subject district Element: Size (Revision) Staff proposes increasing the size allowed for an accessory dwelling unit that is wholly within a basement from the current 750 sq. ft., to 1,000 sq. ft., while maintaining the current maximum RTA ZOA Accessory Dwellings - 5 -
square footage limitation (750 sq. ft.) for an accessory dwelling for which any portion of the accessory dwelling is above the basement. Applicants noted that if converting a space like a basement, that is larger than 750 sq. ft., then a partition is necessary, sometimes leaving a portion of space that is so small as to be unusable. The proposal does not eliminate the potential need to partition off the space, but adds more flexibility to use the entire footprint of the house while continuing to ensure the accessory nature of the use. A detached accessory dwelling (discussed later) is also proposed to be limited to a maximum of 750 sq. ft. For rounding purposes, staff proposes to change the current regulation from a one-third increment to a flat rate of a maximum of 35% of the combined floor area of the main and accessory dwelling. Summary of Proposed Maximum Size Requirements Type Current Proposed Attached 1/3 of combined GFA up to maximum of 750 sq. ft. Maximum of 35% of the combined floor area of the main and accessory dwelling, up to maximum of 1,000 sq. ft. (in basement) Maximum of 35% of the combined floor area of the main and accessory dwelling, up to maximum of 750 sq. ft. (when any portion of the accessory dwelling is above basement) Detached Not allowed Maximum of 35% of the combined floor are of the main and accessory dwelling, up to maximum of 750 sq. ft. Element: Detached Accessory Dwellings (New) Currently detached accessory dwellings (i.e. an accessory dwelling in a detached accessory building on the lot) are not allowed, so homeowners are neither able to create accessory dwellings in existing detached accessory buildings, such as garages, nor to create accessory dwellings in new detached buildings. Staff is proposing to allow detached accessory dwellings in order to provide additional options for creation of accessory dwellings. Detached accessory dwellings would be permitted subject to the existing maximum footprint and placement (setback) requirements for detached accessory buildings in R-districts, and would be limited to a maximum height of the smaller of 1½ stories or 25 feet. The Zoning Ordinance restricts accessory buildings to this height when the accessory building is located anywhere within the rear yard and/or when it is located within 10 feet of any lot line or within 15 feet of the wall of the main building. On larger lots, where there is space to locate accessory buildings outside of the aforementioned areas, the Zoning Ordinance allows accessory buildings with heights up to the maximum allowed in the district (35 feet for all one-family districts). However, the Zoning Ordinance allows setbacks for accessory buildings to be reduced to as close to one foot from the side and rear lot lines when the size of the building is limited to no more than 1½ stories and 25 feet, and the footprint of the building is limited in size. As with other bulk and placement requirements, these requirements serve to provide adequate spacing between buildings and tapering of height on one-family lots, with more tapering required when RTA ZOA Accessory Dwellings - 6 -
buildings are placed closer together. Because the Zoning Ordinance has for a long time, allowed accessory buildings to be placed close to neighboring lot lines, these existing requirements could result in accessory dwellings very close to a neighboring lot, which has a different impact than an accessory building used for garage or other storage use. In many cases, due to the existing size and placement requirements for all accessory buildings, the proposed 1½ story/25-foot height limit would apply. It is only on larger lots where a taller accessory building could be accommodated. However, it is also worth noting that height in one-family zoning districts is measured as an average of the distance from grade to the midpoint of the roof from each of the four corners of the building. This means that it is possible for portions of the building to be substantially taller than the numerical height limit, particularly if the lot is on a grade. Staff proposes that limiting the height as proposed, helps to enforce the accessory nature of the second dwelling use, regardless of the placement of the accessory dwelling on the lot, while in many cases, remaining consistent with height restrictions already in place for all accessory buildings. Summary of Proposed Detached Accessory Dwelling Requirements Maximum accessory building height Smaller of: 1½ stories 25 feet Placement Maximum accessory building footprint Rear setback Side setback Other (front or street setback) Setback from main dwelling Corner: 10 from lot line Interior: 1 from lot line Corner: 1 from interior lot line Interior: 1 from lot line Corner: 25 from any street Interior and corner lots: 8 R-5 and R-6 districts: 560 sq. ft. All other R districts: 650 sq. ft. Figure 2: Illustration of maximum footprint and minimum setback for detached accessory dwellings RTA ZOA Accessory Dwellings - 7 -
Figure 2 shows the possible placement of two detached accessory dwellings, the house on the left is highlighting an interior R-5 lot and the house on the left is a corner R-8 lot. Element: Design Requirements (Revision) Current limitations on the location of the accessory dwelling s door and stairs are intended to help ensure that single-family dwellings continue to look like single-family dwellings, and put requirements in place that maintain single-family neighborhood character in those areas of the County that are planned for single-family detached dwellings. Currently, an accessory dwelling on a corner lot cannot have its entrance visible from the street, which, depending on lot configuration, can limit the ability to place an entrance on the side of the main house. Staff is proposing to remove this requirement. The current provisions also require that the entrance to the accessory dwelling may not be on the same side of the house as the main entrance to the main dwelling. Staff is proposing that the main entrance and accessory dwelling entrance may be on the same side of the house, so long as the doors are not facing the same direction. This revision would introduce additional flexibility for placement of the accessory dwelling door, while reducing instances where a one-family house would appear as a two-family dwelling unit which could otherwise create the appearance of two main dwellings in a zoning district planned for single-family uses. RTA ZOA Accessory Dwellings - 8 -
Figure 3: Location of Front Door Would be Allowed Illustration where the main entrance and accessory dwelling entrance may be on same side of house, as long as they are not facing the same direction. Figure 4: Location of Front Door Would not be Allowed Illustration where door placement would not be allowed, doors are facing the same direction. Staff is also proposing to remove the requirement that an accessory dwelling with an entrance above the first floor cannot have exterior stairs visible from the street. As discussed previously, RTA ZOA Accessory Dwellings - 9 -
the visibility standard can result in precluding stairs on any side of the house, depending on lot configuration. The proposed amendment would allow exterior stairs to a second floor dwelling to be visible from the street so long as they are not located on the side of the house that faces a street. The proposal allows more flexibility in configuring the entrance to an accessory dwelling while maintaining the look of a single-family home. Figure 5: Location of Exterior Stairs Location of Exterior Stairs Interior Lot Corner Lot The exterior stairs for the accessory dwelling cannot be on the same side of the house that faces the street. Summary of Proposed Design Requirements Current AD on a corner lot cannot have entrance visible from street Entrance to AD may not be on same side of house as main entrance to main dwelling AD with an entrance above the first floor cannot have exterior stairs visible from the street Proposed Remove requirement Main entrance and AD entrance may be on same side of house, as long as not facing same direction Exterior stairs to a second story AD cannot be on the same side of house that faces a street Element: Occupancy and home occupations (Revision) Maximum occupancy: Some applicants noted that they would like to rent an accessory dwelling to a couple with a child but the current occupancy limit is two people. Staff proposes to allow up to a maximum of three persons to provide additional flexibility in occupancy to accommodate a household whose situation may change during tenancy. Arlington s Zoning Ordinance does not differentiate an occupant based on age because the land use impacts of residential dwelling use RTA ZOA Accessory Dwellings - 10 -
are similar regardless of the demographic distribution of the household occupying the dwelling. The proposal keeps the accessory dwelling subordinate to the potential occupancy of the main dwelling. Maximum occupancy in the main dwelling is up to four unrelated persons or an unlimited number of related persons (related by blood, marriage, adoption or foster care). Owner occupancy: While staff is proposing to maintain the owner-occupancy requirement, staff is proposing to remove the requirement that the owner must live in the house for at least one year before getting approval for an accessory dwelling. The current one-year prior occupancy requirement may present challenges for new construction or new homebuyers wanting to renovate before moving in, as the accessory dwelling cannot be approved (and therefore completed) until the owner has lived in the house for a year. Additional concerns were raised through the outreach process, that the owner-occupancy requirement can be problematic for families that may need to move for their job or place of employment. However, staff continues to recommend that the owner occupancy requirement is critical for being accountable to the requirements of the ordinance. Furthermore, the owner-occupancy requirement discourages purchase of residential properties with the goal of redeveloping the property as a defacto twofamily property solely for the purpose of investment income. Finally, allowing for accessory dwellings on investment properties not occupied by the owner, would not further the stated goals of these amendments, which include enabling homeowners to receive additional income from the rental unit enabling them to more easily afford their home and/or helping older adults age in place. Home occupation uses within Accessory Dwellings: Currently home occupations are allowed in accessory dwellings with a permit from the Zoning Administrator, consistent with home occupation regulations for all dwellings. However, the current Accessory Dwelling regulations prohibit contractor and service business home occupations in an accessory dwelling. This restriction was put in place because of parking concerns due to residents potentially having a work vehicle for those two types of home occupations. Staff proposes to remove the restriction on contractors and service business as home occupations in an accessory dwelling, in order to allow the same home occupations in both main and accessory dwellings. Summary of Proposed Occupancy Requirements Current Maximum occupancy 2 persons Owner occupancy required Owner must live in house for a year before AD approval No home occupations for contractors or service businesses allowed Proposed Maximum occupancy 3 persons No change No minimum time required prior to creating an AD Remove restriction on home occupations RTA ZOA Accessory Dwellings - 11 -
Element: Compliance (Revision) The requirements listed below ensure that the homeowner is complying with the elements in the ordinance to allow for a second dwelling on a one-family lot. The requirements are established to ensure that the second dwelling remains accessory to the main dwelling and makes it clear to current and future owners that there are regulations in place that must be followed or otherwise the approval would be revoked. Deed Covenant: A covenant is required to be recorded on the property deed when an accessory dwelling is created. This alerts a future buyer that there is an accessory dwelling on the property and that compliance with accessory dwelling unit zoning regulations is required. Staff proposes to maintain the deed covenant requirement. It was suggested during the outreach process, as part of both community and working group discussions, financing can be problematic with the presence of a deed covenant. Staff reached out to several banks to research the issue, and heard from three lenders, who reported the following: The first lender noted that they did not see any challenges in the covenant language that would prevent them from financing properties with accessory dwellings. A second lender indicated the following issues: o All of the loan agencies (Federal Housing Administration (FHA), Fannie Mae, Freddie Mac) would not lend on a home with an accessory dwelling unit on the property. o It would be hard to find comparable sales in Arlington since only twenty have been approved. o They noted that the problem was not related to the deed but the presence of the accessory dwelling itself. The third lender said that while they permit lending on a two-unit property when it is legally zoned for two-units; they would not give a commitment without seeing an actual submission. Staff recommends that the deed covenant requirement be maintained in order to ensure future purchasers have notice of the requirements related to accessory dwelling units. It is particularly important in the case of accessory dwellings, where requirements allow the creation of a second dwelling unit on a lot planned and zoned for one-family use, that the homeowner-occupant understands and is required to proactively agree to abide by the requirements of the Ordinance. It is these requirements that ensure that the accessory dwelling use remain consistent with the low-density residential designation on the General Land Use Plan, and with the one-family zoning requirement of the underlying zoning district. Affidavit of Compliance: An affidavit of compliance is currently required at initial occupancy, when new tenants move in and when any structural changes are made to the accessory dwelling. The affidavit of compliance indicates to the Zoning Administrator that the owner understands and agrees to comply with the Accessory Dwelling regulations. Staff is proposing to continue to require this at initial occupancy and when structural changes are made to the accessory dwelling, as well as for each new owner. However, staff proposes removing the requirement that it be refiled with each new tenant, as the owner has already certified compliance. RTA ZOA Accessory Dwellings - 12 -
Inspections and Complaints: Currently, the regulations explicitly require that the owner agree to cooperate with code enforcement staff for annual inspections and complaints. The annual inspection enables the County to monitor accessory dwellings for compliance with structure and occupancy requirements. No changes are proposed. Annual Limit: Staff proposes removing the annual Countywide limit of 28 accessory dwellings. Zoning and code enforcement complaints have not been generated as a result of accessory dwellings created since 2009, and production of accessory dwellings has been low. While the proposed changes would add more flexibility and more options to generate more accessory dwellings, staff s proposal maintains regulations that are intended to preserve the character of Arlington s single-family neighborhoods. Additionally, research on the impact of amendments to accessory dwelling regulations that increased flexibility in other jurisdictions (shown in attachment C), indicated that while installation rates increased following the changes, they still hovered around 0.1 percent of all single-family homes per year. The adopted limit of 28 accessory dwellings was based on this expectation (there are 28,000 single-family dwellings in Arlington). Staff will continue to monitor the installation of new accessory dwellings and will examine if changes in the ordinance have allowed for more accessory dwellings to be created. Staff will monitor the location of accessory dwellings; number of detached vs attached; size of the unit; whether accessory dwellings are being created on lots meeting the area and lot width requirements of the zoning district; and if a new homeowner is creating an accessory dwelling prior to living there for a year. Data collected could indicate if the regulations needs to be revisited or if an annual limit is needed. Summary of Proposed Compliance Requirements Current AD recorded on deed covenant Affidavit of compliance is required at initial occupancy and whenever new tenant(s) move in Owner agrees to cooperate with Code Enforcement staff for annual inspections and for complaints. Annual limit of 28 accessory dwellings Proposed Require deed covenant Affidavit of compliance required at initial occupancy only, for each new owner or when structural changes are made to the AD No change Remove limit Element: Short-Term Residential Rental (New) On December 10, 2016 (and revised on January 28, 2017), the County Board adopted new regulations that define a short-term residential rental as a new home occupation called accessory homestay. The regulations affect short-term rentals through online services such as Airbnb, Craigslist, VRBO and other similar services. Currently an accessory homestay is RTA ZOA Accessory Dwellings - 13 -
allowed in an attached accessory dwelling, but is not allowed in a detached accessory building on the lot. This limitation was discussed during the outreach and public process for developing the accessory homestay regulations, and was incorporated for consistency with the adopted accessory dwelling regulations that preclude use of a detached accessory building as an accessory dwelling. However, staff indicated at that time, that it would revisit this issue when it studied revisions to the accessory dwelling regulations. Staff is now proposing to allow accessory homestay in a detached accessory building only when it is approved as an accessory dwelling. Staff proposes that accessory homestay is an appropriate use in the accessory dwelling, providing additional flexibility for the homeowner with respect to how the accessory dwelling is used. It provides an additional opportunity for owners of single-family homes to earn additional income through a small rental unit. Summary of Proposed Short-Term Residential Rental Requirements Current Accessory homestay is allowed in an attached accessory dwelling Accessory homestay is not allowed in a detached accessory building Proposed No change Allow in a detached accessory building only when it is approved as an accessory dwelling Element: Parking (Revision) The parking requirements remain largely unchanged with minor revisions, and some clarifications. Single-family detached dwellings have a parking requirement of one space (except for R-5 districts, which require two spaces). The parking requirements for accessory dwellings require that if a property has one on-site space, then one space must be maintained and if a property has two parking spaces, then two spaces must be maintained. If a property has no on-site parking spaces, then at least one on-site parking space must be created. However, on those lots that do not have an existing parking space, an accessory dwelling can still be allowed if a parking survey conducted by the County determines that the block is less than 65% parked (the survey methodology would be the same as that used by the County in assessing eligibility for the Residential Parking Permit System). Staff is proposing to remove the requirement that if there are two spaces that are not tandem then those two non-tandem spaces be maintained. Removing this requirement adds flexibility in configuring the two parking spaces. RTA ZOA Accessory Dwellings - 14 -
Figure 6: Illustration of Parking Requirements Existing Condition Option 1 Option 2 o Can maintain two tandem spaces (option 1) or two with access to street (option 2). Summary of Proposed Parking Requirements Current One existing parking space must be maintained Two existing parking spaces must be maintained If no existing parking spaces: Create one on-site space; or Conduct parking survey (no parking requirement if block is <65% parked) If two or more spaces that are not tandem, then at least two such spaces shall be maintained Proposed No change No change Remove requirement Element: Family/Caregiver Suite (Revision) An accessory dwelling is different than a family/caregiver suite in that an accessory dwelling is a separate dwelling unit whereas a family/caregiver suite must have interior access to the rest of the dwelling and can only be occupied by two persons related by blood, marriage, adoption or foster care or if the occupants of the family/caregiver suite are providing on-site care. The family/caregiver suite cannot have more than two rooms plus a bathroom and efficiency kitchen and can be a maximum of 500 sq. ft. Staff is recommending increasing the maximum size to 750 sq. ft. to align with the size of the accessory dwelling, making it easier to convert a family/caregiver suite to an accessory dwelling. In converting a family/caregiver suite to an accessory dwelling, the homeowner would be required to comply with the other accessory dwelling requirements including Building Code requirements discussed below. RTA ZOA Accessory Dwellings - 15 -
Summary of Proposed Family/Caregiver Suite Requirements Current Not more than two rooms plus a bathroom and efficiency kitchen Occupied by up to 2 persons related by blood, marriage, adoption or foster care or providing on-site care Must have interior access to the rest of the dwelling Maximum size of 500 sq. ft. Proposed No change No change No change Maximum size of 750 sq. ft. Building Code: An accessory dwelling has to meet all the Virginia Uniform Statewide Building Code (Building Code) requirements of an independent dwelling. The Building Code requires that the accessory dwelling have a separate entrance, a separate ventilation system from the main dwelling, and access to all electrical panels. It requires a minimum ceiling height of seven feet, emergency egress from each sleeping area, and fire-resistance rated construction between the accessory dwelling and the main dwelling. Community members expressed concerns that complying with the requirements of Building Code made the cost of creating an accessory dwelling prohibitive. There was interest in lessening the requirements of the Building Code in order to create more new accessory dwellings and get illegal units to come into compliance. The Virginia Residential Code is determined at the state level every three years. It is based on the International Residential Code, which comes from the International Code Council. Both have a process for submitting, discussing, and adopting or disapproving code changes. Currently, Arlington is using the 2012 Virginia Residential Code. The time period to submit changes to the 2015 Virginia Residential Code (which will be put into place in 2018) for discussion closed on August 23, 2017. All of the proposed changes were sent to the Board of Housing and Community Development for Virginia, to make the final determination. Arlington s Building Official did submit a proposal to add a definition of accessory dwelling units, which would have lessened the requirements. The discussion from the Virginia workgroup resulted in a suggestion to send it to the Board of Housing and Community Development with a consensus recommendation for disapproval. Cost: Research indicates that construction costs for an attached accessory dwelling typically range from $20,000 to $100,000. The creation of most accessory dwellings are major construction projects with a few exceptions of some buildings that are easily adaptable. Detached accessory dwellings tend be much more expensive than attached accessory dwellings, with a median cost of $45,000 more than an attached unit. Estimated costs for the twenty approved accessory dwellings in Arlington, based on industry estimates for price per square foot, range from $30,000 to $160,000 with an average calculated cost of $85,000. There is a $209 permit fee for an accessory dwelling, plus a 5% Automation Enhancement Fee. Applicants are RTA ZOA Accessory Dwellings - 16 -
required to pay fees for the Residential Building Permit Application and trade permits, the Certificate of Occupancy and to record the deed covenant. The average building permit fee for the twenty approved accessory dwellings is $1,300. Student Generation Rate: Staff is unable to determine the generation rate for accessory dwellings in Arlington and are not aware of any other jurisdictions that track student generation rates to that level. The twenty addresses that have an accessory dwelling have a total of twelve students but staff is unable to determine if those students are living in the main dwelling or accessory dwelling. PUBLIC ENGAGEMENT: A citizen working group was created to provide feedback to staff on potential changes to the accessory dwelling regulations to encourage greater usage while still preserving the character of Arlington s single-family neighborhoods. The working group was chaired by a member of the Housing Commission and made up of members from the following: Housing Commission Commission on Aging (2) Civic Federation (1) Alliance for Housing Solutions (1) Working group meetings were open to the public, and several interested residents participated in one or more meetings, including homeowners who were successful and unsuccessful in producing an accessory dwelling. The working group worked with staff to review the current regulations and their effectiveness, as well as best practices from other jurisdictions; and to examine areas where the regulations may limit accessory dwelling usage. The working group also provided guidance on preliminary draft revisions developed by staff and input on ways to educate and solicit broader community input on draft recommendations. Community engagement kicked off in Fall 2016 with a Missing Middle Design Gallery that was cohosted with the Alliance for Housing Solutions. The gallery started a conversation with the community regarding detached accessory dwellings. For Affordable Housing Month in October 2016, staff developed educational materials that included a website, FAQs, and posters. These materials provided education on what currently is allowed, what has been produced, and some of the identified issues. Staff had a booth at the Arlington Home Show and Expo in April 2017 that educated attendees on what is currently allowed and sought input on current issues. In May 2017, staff shared preliminary ideas for discussion at a community forum. Community members participated in small group discussions on the topics of size and occupancy, design guidelines, compliance and parking, and detached accessory dwellings. The input from these engagements aided staff in developing preliminary recommendations. In June and July of 2017, a community survey on the draft recommendations was completed, 274 residents responded; on average, 75% of respondents agreed with the draft recommendations. RTA ZOA Accessory Dwellings - 17 -
In July 2017, the County Board held a work session on accessory dwellings. The Board provided input on: detached accessory dwellings, occupancy limits, design guidelines, the annual limit, and the deed covenant provision. Additional community meetings have included two meetings of the Zoning Committee of the Planning Commission, Northern Virginia Association of Realtors, Neighborhood Conservation Advisory Committee, monthly contractor s meeting, the Alliance for Housing Solutions Leckey Forum, Urban Forestry Commission, Commission on Aging, Disability Advisory Commission and the Housing Commission. Planning Commission: On October 10, 2017, the Planning Commission held a public hearing prior to the County Board s advertisement of the proposed Zoning Ordinance amendment to revise accessory dwelling regulations. The Planning Commission voted unanimously to recommend that the County Board advertise the proposed amendments with the following changes in order to expand the scope of advertisement to allow for continued discussion before final action: Direct the County Manager to include language that would allow consideration of attached accessory dwellings wholly within a basement without limitation as to square footage; Direct the County Manager to pursue including an alternative to a deed covenant including the use permit model from accessory homestays as well as practices in other jurisdictions that already have accessory dwellings; Consider alternative language to read "the owner of the main dwelling must occupy either the main dwelling or the accessory dwelling as his or her primary residence except when residing elsewhere on a bona fide time limited work assignment;" Consider increasing the maximum area for a detached accessory dwelling from 750 square feet to 1,000 square feet. Staff reviewed the Planning Commission s recommendations and concludes that each area has been extensively discussed and vetted in the process thus far. The suggested changes had not previously been incorporated by staff, as proposed changes are intended to reinforce the accessory nature of the second dwelling use and to facilitate administration and enforcement. Therefore, staff does not recommend expanding the scope of the advertisement. The following provides additional discussion of each of the suggested changes. Size of a basement accessory dwelling. Staff continues to support the proposed increase in maximum size from 750 sq. ft. To 1,000 sq. ft. for an accessory dwelling wholly within a basement. The intent of staff s proposal to increase the maximum size is to allow for more flexibility while ensuring the dwelling is accessory to the main dwelling Increasing the maximum size to 1,000 sq. ft., as proposed, would allow a greater number of applicants to use the full footprint of the basement, if desired. However, allowing the use of the full existing basement floor plate could result in some cases, in a much larger accessory dwelling, and in the RTA ZOA Accessory Dwellings - 18 -
case of a one level house (above grade), the resulting accessory dwelling could be as large as the main dwelling. Staff s recommendation increases the maximum size currently in place while maintaining consistency with an accessory use and avoiding the creation of a duplex on a onefamily lot. Incorporating a limit to the size of the accessory dwelling not only reinforces the accessory nature of the use, but would also support the goal of providing a typically lower-priced housing alternative. Deed covenant. Staff proposes to maintain the deed covenant in order to ensure future home buyers have notice of the requirements related to accessory dwellings. Staff has not identified an alternative to a deed covenant that serves the purpose of providing sufficient notification to a subsequent owner in cases of future sales of residences with accessory dwellings. Furthermore, research conducted by staff indicates that financing issues that have been identified as barriers are not solely a result of the deed covenant, but the presence of the accessory dwelling itself (i.e. there would be financing barriers to accessory dwellings without the deed covenant, simply given the presence of two dwelling units on the property). Owner-occupancy. Staff continues to recommend that the owner-occupancy requirement be maintained. Owner-occupancy is critical for helping maintain accountability to neighboring properties and to supporting the single-family character of the neighborhoods where accessory dwellings are and would be located. Providing an exception to this requirement for a resident residing elsewhere on a bona fide time limited work assignment would present challenges for enforcement that would result in undermining the owner-occupancy requirement, which is designed to ensure that the provisions do not incentivize investment in one-family properties for the purpose of creating two rental units. Maximum size of detached accessory dwellings. The Planning Commission discussion to increase the maximum size for a detached accessory dwelling centered around the ability to maximize the occupiable space within the currently allowed footprint for an accessory building. Staff continues to recommend a maximum of 750 sq. ft. for all accessory dwellings that include space above the basement level, whether attached or detached. There are several Zoning Ordinance regulations that impact the size of a main or accessory building on a single-family lot, including placement (setbacks), maximum footprint, height, and lot coverage. In addition, the accessory dwelling regulations include a size limitation relative to the main dwelling (35% of the combined area of the main and accessory dwelling). The bulk and placement regulations in R- districts are intended to work together to regulate scale and spacing in single-family neighborhoods; and for accessory dwellings, maximum size limitations are intended to result in accessory dwellings reasonably scaled to the property and to the main dwelling. The maximum size limitation is not designed to result in the largest dwelling possible under the existing footprint limitations. It is anticipated that an existing detached garage could provide an opportunity to create a detached accessory unit within a half-story expansion, in which case, the accessory building would not be wholly dedicated to the dwelling unit; alternatively, a new accessory building could be erected to create an accessory dwelling, in which case, the accessory unit could be designed to meet the proposed bulk and placement requirements. Similar to accessory units within basements, limiting the size of the detached accessory dwelling not only RTA ZOA Accessory Dwellings - 19 -
reinforces the accessory nature of the use, but would also support the goal of providing a typically lower-priced housing alternative. Housing Commission: The Housing Commission reviewed the request to advertise at its meeting on October 12, 2017. The Commission chose not to act or provide any comments; they anticipate taking action on the item at their hearing in November. CONCLUSION: In conclusion, staff suggest that the proposed Zoning Ordinance Amendments, will reduce existing barriers to the creation of accessory dwellings, and with potentially an increase in these types of units there may be more diverse housing types in all of Arlington s neighborhoods. The proposed amendments are structured in a way to reduce impacts in singlefamily neighborhoods and maintain the vision for one-family residential uses as indicated by the General Land Use Plan. Therefore, staff recommends that the County Board adopt the attached resolution to authorize advertisement of the proposed amendments to consider amending, reenacting and recodifying the Arlington County Zoning Ordinance relating to accessory dwellings and family/caregiver suites, as shown in Attachment A, for public hearings by the Planning Commission on November 6, 2017 and the County Board on November 18, 2017. RTA ZOA Accessory Dwellings - 20 -
RESOLUTION TO AUTHORIZE ADVERTISEMENT OF PUBLIC HEARINGS BY THE PLANNING COMMISSION AND BY THE COUNTY BOARD AT THE NOVEMBER 6, 2017 PLANNING COMMISSION AND THE NOVEMBER 18, 2017 COUNTY BOARD MEETINGS TO CONSIDER PROPOSED AMENDMENTS TO THE ARLINGTON COUNTY ZONING ORDINANCE, AS SHOWN IN ATTACHMENT A, RELATING TO ACCESSORY DWELLINGS AND FAMILY/CAREGIVER SUITES; AND IN ORDER TO REDUCE OR PREVENT CONGESTION IN THE STREETS; TO FACILITATE THE CREATION OF A CONVENIENT, ATTRACTIVE AND HARMONIOUS COMMUNITY; TO PROMOTE THE CREATION AND PRESERVATION OF AFFORDABLE HOUSING; AND FOR OTHER REASONS REQUIRED BY THE PUBLIC NECESSITY, CONVENIENCE AND GENERAL WELFARE, AND GOOD ZONING PRACTICE. The County Board of Arlington County hereby resolves that the amendments set forth in Attachment A hereto, shall be advertised for public hearings by the Planning Commission on November 6, 2017 and by the County Board on November 18, 2017 to consider proposed amendments to the Arlington County Zoning Ordinance relating to accessory dwellings and family/caregiver suites; and in order to reduce or prevent congestion in the streets; to facilitate the creation of a convenient, attractive and harmonious community; to promote the creation and preservation of affordable housing; and for other reasons required by the public necessity, convenience and general welfare, and good zoning practice. * * * In the proposed amendment: Text proposed to be added is shown with underline and text proposed to be deleted is shown with strikethrough. Text moved from one location to another is shown with double-underline to show the new location and double-strikethrough to show the original location. Where paragraphs are proposed to be added or deleted, all subsequent paragraphs will be renumbered accordingly; and all references throughout the Ordinance will be updated accordingly. RTA ZOA Accessory Dwellings - 21 -
1-22 -
Attachment A In the proposed amendment: Text proposed to be added is shown with underline and text proposed to be deleted is shown with strikethrough. Text moved from one location to another is shown with double-underline to show the new location and double-strikethrough to show the original location. Where paragraphs are proposed to be added or deleted, all subsequent paragraphs will be renumbered accordingly; and all references throughout the Ordinance will be updated accordingly. Footnotes are included for informational purposes only and are not intended to be adopted. * * * 1 2 3 4 5 6 Article 5. Residential (R) Districts 5.1. Residential (R) Districts Use Tables * * * Residential (R) districts accessory use table Accessory uses in residential (R) districts shall include the following uses, activities and structures: RESIDENTIAL (R) DISTRICTS ACCESSORY USE TABLE59F 7 8 9 10 11 12 Use Use Types Standards KEY: P = allowed by-right; U = requires use permit approval; S = requires site plan approval; Blank cell = not permitted Accessory dwellings P P P P P P P P 12.9.2 Commercial vehicle parking R-20 P U R-10 P U R-10T P U R-8 P U R-6 P U R-5 P U R15-30T P U R2-7 P U 12.9.4 Crematoriums U U U U U U U U 12.9.6 Family day care homes (six to nine children) U U U U U U U U 12.9.9 Family day care homes (up to five children) P P P P P P P P 12.9.9 Family/caregiver suites P P P P P P P P 12.9.8 Guest house P P P P P P P P 12.9.10 Home occupations P P P P P P P P 12.9.11 Homestay, accessory P P P P P P P P 12.9.12 Article 12. Use Standards 12.1. Applicability * * * Uses allowed in this zoning ordinance shall be subject to the following special, use-specific provisions, except as permitted by site plan approval or otherwise specified in the respective districts or in the
13 14 provisions of this article. * * * 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 12.9. ACCESSORY USE STANDARDS General Accessory buildings and uses shall comply with all standards in the district for the principal use, except as expressly set forth below. A. Accessory buildings and uses shall be clearly incidental and subordinate to permitted principal uses. An accessory use shall be allowed only when an allowed principal use exists for which such accessory use is allowed (see 12.2, Use Categories). B. Accessory buildings and uses shall be located on the same lot as the permitted principal use or building, except as otherwise allowed through an approved site plan. C. Accessory buildings shall comply with all placement and dimensional standards for the subject district and as provided in 3.2. D. Accessory buildings and uses shall be consistent with the character of the principal use or main building served. E. Accessory buildings and uses shall not be of a nature likely to attract visitors in larger numbers than would normally be expected in association with the principal use, where applicable. F. An accessory use shall contribute to the comfort, convenience or necessity of occupants of the primary use served. G. An accessory use shall be located within the same zoning district as the principal use, except as otherwise allowed through an approved site plan. H. Tractor trailers and portable storage devices are prohibited for use as storage or buildings, except as permitted on an active construction site or by permit for short term use. (See also 12.10) Accessory dwellings Accessory dwellings are allowed in R districts, subject to issuance of by a permit by the zoning administrator, within or attached to one-family dwellings provided they comply with and subject to the following: A. Standards Accessory dwellings are permitted on lots containing one-family dwellings in all R districts (does not include the RA districts), subject to issuance of a permit by the zoning administrator. Accessory dwellings are permitted only on lots that meet the following criteria: 1. Accessory dwellings may be within or attached to one-family dwellings, or in detached accessory buildings on lots containing one-family dwellings, subject to the following limitations: Page 2 of 15 RTA: October 11, 2017, 2017
50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (a) Subject to a minimum lot width of 50 feet, the lot conforms to all zoning regulations for the district in which the lot is located, including the minimum lot area for recordation of newly created lots in the district. (b) An accessory dwelling shall not be permitted on a lot with a family/caregiver suite. (c) Not more than one accessory dwelling shall be permitted on a lot. 2. Accessory dwellings shall be located in accordance with all requirements of 3 Density and Dimensional Standards, provided, however, accessory dwellings shall be allowed within a nonconforming dwelling or detached accessory building, in accordance with all requirements of 16 Nonconformities. In addition, accessory dwellings shall be subject to to the following limitations: On a lot containing a structure with legal nonconforming conditions, including side and rear yards, setbacks and coverageany modifications to the structure to create the accessory dwelling shall conform to all zoning regulations for the district in which the lot is located. (a) Detached accessory buildings containing accessory dwellings shall exceed neither 25 feet nor 1½ stories. (b) The gross floor area of an accessory dwelling shall not exceed the following: (1) Neither 1,000 sq. ft. nor 35 percent of the combined floor area of the main and accessory dwelling, for an attached accessory dwelling that is wholly within a basement; (2) All other accessory dwellings shall exceed neither: (i) 750 sq. ft. nor 35 percent of the combined floor area of the main and accessory dwelling, for an attached or detached accessory dwelling where the gfa of the main dwelling is at least 1,000 sq. ft. 50 percent of the gross floor area of the main dwelling (or a third of the combined gross floor area), up to a maximum of 750 square feet; (ii) 500 sq. ft. nor 45 percent of the combined gross floor area of the main and accessory dwelling, for an attached or detached accessory dwelling where the gfa of the main dwelling is less than 1,000 sq. ft. except, if the gross floor area of the main dwelling is 1,000 square feet or less, the accessory dwelling shall not exceed 80 percent of the floor area of the main dwelling, up to a maximum of 500 square feet For the purposes of this section, gross floor area shall be calculated to include all floor area within the inside perimeter of the exterior walls, including basement, corridors, stairways, closets and interior walls. A valid certificate of occupancy shall have been issued for the accessory dwelling. Before approval of a building permit, the owner shall record a covenant on the property in a form acceptable to the zoning administrator, which identifies the accessory dwelling use and that it is subject to the restrictions imposed by the zoning ordinance. Page 3 of 15 RTA: October 11, 2017, 2017
91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 3. No attached accessory dwelling shall have a separate exterior entrance facing on the same lot frontage side of the main dwelling as the main entrance of the main dwelling. 4. On a corner lot, no accessory dwelling shall have its entrance visible from the street. 5. No accessory dwelling with an entrance above the first floor shall have exterior stairs to that entrance on the side of the lot fronting a street visible from the street. 1 6. Parking requirements for accessory dwellings shall be as specified and regulated in 14.3. 2 If a parking survey conducted by the county determines that the block on which the main dwelling is located is more than 65 percent parked and there is onsite, existing before issuance of the accessory dwelling permit: (a) Exactly one standard-size space, then such a space shall be maintained; or (b) Two or more standard-size spaces that are not tandem, then at least two such spaces shall be maintained; or (c) No standard-sized parking spaces, then at least one on-site parking space shall be provided. The owner shall be responsible for providing evidence of creation of the additional parking space 3 to the zoning administrator. All new parking spaces shall be constructed to meet all applicable requirements in 14.2 and 14.3 (including coverage); and (d) In any other case, at least two standard-sized parking spaces shall be maintained, at least one of which must provide direct vehicular access. (e) For the purposes of this section, a standard-sized space shall be as defined in 14.3.3.C and shall be exclusive of sidewalk area. B. Accessory dwelling application 4 The following shall be filed with the zoning administrator with the application for an accessory dwelling permit: 1. A floor plan of the accessory dwelling that also identifies its relationship to the rest of the dwelling, and illustrates the provisions of 12.9.2.A above, and that provides such further details as may be required by the zoning administrator. 2. No accessory dwelling shall have a separate entrance on the same side of the main dwelling as the main entrance of the main dwelling. 3. On a corner lot, no accessory dwelling shall have its entrance visible from the street. 1 Moved from B.2-4 below and edited as shown. 2 Parking requirements are proposed to be revised and moved to 14.3 in order to simplify and to be located with other parking requirements for one-family dwellings; also, order of this provision switched with B below. 3 This sentence moved to B.6 below. 4 Switched order with 6 above Page 4 of 15 RTA: October 11, 2017, 2017
125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 4. No accessory dwelling with an entrance above the first floor shall have exterior stairs to that entrance visible from the street. 1 5. A certified plat of the lot. 6. Evidence of creation of the additional parking space 2, where required by 14.3. C. Conditions of approval 1. Before approval of a building permit, the owner shall record a covenant on the property in the land records in a form acceptable to the zoning administrator, which identifies the accessory dwelling use and that it is subject to the restrictions imposed by the zoning ordinance. 2. No more than three two persons shall occupy the accessory dwelling. 3. The owner of the main dwelling must shall occupy either the main dwelling or the accessory dwelling as his/her primary residence one of the dwelling units and for approval of an initial accessory dwelling, shall have occupied one of the dwelling units for a minimum of one year immediately prior to approval of the accessory dwelling unit. 4. Before a certificate of occupancy is issued for the accessory dwelling, the owner shall file an affidavit of compliance with the zoning administrator in a form acceptable to the zoning administrator attesting to compliance with the conditions of this section, and shall do so annually thereafter re-file the affidavit of compliance whenever the following occurrs: (a) as well as when a new occupant(s) occupies the accessory dwelling and w When any structural alterations modifications are made to the accessory dwelling; and (b) Upon change in ownership of the main dwelling. 5. The owner shall permit annual inspections of the accessory dwelling by the zoning administrator or his/her designee upon reasonable notice to ensure compliance with the conditions of this section. 6. The owner shall cooperate with the zoning administrator and his/her designee in ensuring compliance with conditions of this section and in the investigation of complaints of violations of this section. 7. The owner shall advise all tenants of the accessory dwelling of the annual inspection requirement and obligation to cooperate with the zoning administrator in ensuring compliance with the conditions of this section. 8. Accessory uses shall not be allowed permitted in the accessory dwelling except home occupations, including accessory homestay, as permitted and regulated in 12.9.11 and 12.9.12. 1 B.2, 3 and 4 moved to A. 5 and 6 above and edited as shown 2 Moved from A.7(c) above Page 5 of 15 RTA: October 11, 2017, 2017
161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 9. Failure to comply with the conditions in this 12.9.2 will result in revocation of an accessory dwelling permit and of the certificate of occupancy for the accessory dwelling by the zoning administrator. Revocation of the accessory dwelling permit and revocation of the certificate of occupancy shall be effective after: (a) A finding by the zoning administrator of violation; (b) Notice with 30 day opportunity to correct the violation; and (c) A finding by the zoning administrator after 30 days that the violation has not been corrected. (d) Notwithstanding 12.9.2.C.9(a)-(c) abovej, if more than three violations of the provisions of this 12.9.2 are found to exist by the zoning administrator within a one-year period, the permit may be revoked. D. The zoning administrator may approve not more than 28 permits for accessory dwellings in any one calendar year, excluding accessory dwelling permits approved under the provisions of this section to conform existing units created prior to January 1, 2009 to the requirements of this section. Family/caregiver suites * * * Family/caregiver suites may be allowed, subject to approval by the zoning administrator consistent with the following conditions: A. Not more than one family/caregiver suite shall be permitted in a dwelling; B. The gross floor area of the suite shall not exceed 750 500 square feet; C. The suite shall have interior access to the rest of the dwelling; D. The suite shall not have separate utility service (i.e., electric meter and water meter); E. A floor plan of the suite that also identifies its relationship to the rest of the dwelling shall be filed with the zoning administrator; F. The property owner shall record a covenant on the property which identifies the suite use and the restrictions imposed by this ordinance; G. The dwelling in which the suite is located shall have only one main entrance and no new entrance shall be permitted on the same side of the structure as the existing main entrance of the dwelling; H. The suite shall be designed so that it can function as an integral part of the principal dwelling although the occupants may live independently of each other. I. There shall be only one address for the property; J. A family/caregiver suite shall not be permitted in a dwelling in which an accessory dwelling is located; and K. A written statement identifying the person who will provide the care and the kind of care that will be given must be filed in the office of the zoning administrator as to an unrelated resident of the family/caregiver suite. * * * Page 6 of 15 RTA: October 11, 2017, 2017
200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 Guest house Guest houses are permitted only when accessory to one-family detached dwellings, and meeting the following standards: A. Guest houses may be used for temporary guests of the occupants of the premises; such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling. B. Guest houses shall meet all relevant regulations for the subject zoning district. Home occupation Home occupations are permitted in dwelling units subject to R, RA and C district regulations when such use is clearly subordinate or incidental to the principal use of the premises for dwelling purposes and as follows: A. Home occupations which are conducted as limited by 12.9.11.C, below, and which have the general character of the following uses are permitted: 1. Accessory homestay, subject to the provisions of this 12.9.11 and 12.9.12. 2. Artist, photographer, sculptor. 3. Author, composer, editor, translator, writer. 4. Contractor or service business, provided that all requirements of this section are met as well as the following additional requirements: (a) Not more than one commercial vehicle, as defined in Article 18, shall be parked on the property and then only in accordance with applicable regulations of 12.9.4. (b) No contracting equipment or materials shall be stored on the premises, except in a commercial vehicle used for transporting said equipment and materials between jobs, and no loading or unloading shall be done on or in the vicinity of the premises. (c) The dwelling is not an accessory dwelling. 5. Tailors, milliners, seamstresses, dressmakers and upholsterers. 6. Home crafts such as lapidary work, macramé, model making and weaving, 7. Office of an ordained minister of religion. 8. Office of an accountant, architect, bookkeeper, broker, clerical service, computer programmer, consultant, dentist, doctor, engineer, instructor in the arts and crafts, insurance agent, land surveyor, landscape architect, lawyer, musician, real estate broker or telephone service. 9. Office of a salesman, sales representative or manufacturers representative. 10. Repair services, such as musical instruments, watches and clocks, small household appliances, and toys or models. B. Home occupations not permitted include those with the general characteristics of the following: 1. Amusement or dance parlors; Page 7 of 15 RTA: October 11, 2017, 2017
239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 2. Animal care facilities, veterinary clinics, animal hospitals and grooming services 3. Antique shops; 4. Barber shops or beauty salons; 5. Boarding houses or rooming houses;. 6. Chapels; 7. Funeral homes; 8. Gift shops; 9. Hospitals 10. Kennels or other boarding of animals. 11. Medical or dental offices or clinics; 12. Nursing homes; 13. Motor vehicle repair or sales; 14. Nursery schools; 15. Repair or testing of internal combustion engines; 16. Restaurants or tearooms; C. Home occupation uses shall be subject to the following limitations. All limitations apply together. No limitation shall be interpreted as relaxing another limitation. 1. Home occupation operators shall apply for and enter into an agreement with the zoning administrator certifying that they will comply with the requirements for a home occupation in the zoning ordinance. The zoning administrator shall approve the agreement only upon finding that the home occupation will comply with the zoning ordinance and that it will be clearly subordinate to the principal use of the premises for dwelling purposes. 2. There shall be no evidence on the exterior of the premises or visible from the exterior of the premises that the property is used in any way other than for a dwelling. 3. There shall be no signs. 4. There shall be no outside display, storage, or sale of merchandise or equipment. 5. With the exception of accessory homestay, only one person, at any time, who is not a bona fide resident of the dwelling, may be employed or perform work on the premises. Nonresident employees are prohibited for accessory homestay, provided, however, hired service for normal maintenance, repair and care of the residence or site, such as yard maintenance or house cleaning, is allowed. In addition, a disabled resident may employ assistance from one person at a time who is not a resident and whose assistance is limited to overcoming the effect of the disability. A written statement identifying the person who will give the assistance, the kind of assistance that will be given and the time the person will be in the dwelling must be filed in the office of the zoning administrator as to each person permitted to be employed as an assistant to a disabled person before that Page 8 of 15 RTA: October 11, 2017, 2017
278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 person may be employed in the dwelling. If the dwelling is an accessory dwelling, persons who are not bona fide residents of the dwelling may not be employed or perform work on the premises except one non-resident employee may be employed or perform work on the premises providing assistance to a disabled resident, as above. 6. Instruction of students (including delivery of materials clearly incidental to training) and service to clients or customers shall be limited to 12 persons per day but under no circumstances more than four persons at any one time, except as provided in 12.9.12.A.2 below, which shall govern the number of lodgers allowed for accessory homestay. 7. With the exception of accessory homestay, the total floor area on any premises to be used for home occupation(s) shall not exceed a figure calculated by taking 25 percent of the total floor area of the principal dwelling on the premises, excluding attached garages provided, however, that under no circumstances shall more than 10 percent of the total floor area of the principal dwelling be used for specified storage of stock-in-trade. * * * Homestay, accessory Accessory homestay is allowed subject to the home occupation provisions in 12.9.11 and subject to the provisions below. For the purposes if this 12.9.12, the term resident shall mean either the owner or a tenant. A. Standards 1. Accessory use. Accessory homestay shall be accessory only to household living use as defined in 12.2.3.A.1, and shall be allowed only where: (a) The dwelling unit is used by the resident of the dwelling unit as his/her primary residence, which means that he or she resides there for at least 185 days during each year; and (b) The bedroom(s) rented to overnight lodgers shall be within the main building of the dwelling unit that the resident occupies as his/her primary residence and shall be allowed in a detached accessory building only where such building is approved as an accessory dwelling not be in a detached accessory building. 2. Maximum number of overnight lodgers. The maximum number of overnight lodgers on any night of an accessory homestay shall be determined based on the greater of six lodgers, or two lodgers per number of bedrooms in the dwelling, provided, however, under no circumstances shall the number of lodgers exceed that allowed by the Building Code. 3. Accessory homestay shall be allowed in dwelling units that have an accessory dwelling, subject to the following: (a) Either the main dwelling, the accessory dwelling, or both may rented to lodgers by the resident; and Page 9 of 15 RTA: October 11, 2017, 2017
318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 (b) Occupancy in the accessory dwelling is limited to a maximum of three two lodgers; 1 4. An accessory homestay shall have working fire extinguishers, smoke detectors and, if applicable, carbon monoxide detectors, and all such equipment shall be accessible to all overnight lodgers of the homestay at all times. 5. Any sleeping room used for an accessory homestay shall have met the requirements for a sleeping room at the time it was created or converted. 6. Commercial meetings, including luncheons, banquets, parties, weddings, meetings, charitable fund raising, commercial or advertising activities, or other gatherings for direct or indirect compensation are prohibited pursuant to an accessory homestay permit. 7. An accessory homestay shall comply with requirements of the applicable version of the Virginia Uniform Statewide Building Code, as determined by the Building Official. B. Accessory homestay application The following shall be filed with the zoning administrator with the application for an accessory homestay permit: 1. Contact information for a responsible party. If the resident is not the responsible party who will be available during use of the accessory homestay, then the responsible party shall be identified and must sign the application. 2. Proof of the applicant s permanent residence of, the property that is the subject of the application. Acceptable proof of permanent residence includes: applicant s driver s license or voter registration card or U.S. passport showing the address of the property, or other document(s) which the zoning administrator determines provides equivalent proof of permanent residence by the applicant at the property that is the subject of the application. C. Accessory homestay permit. Use of an accessory homestay shall require an accessory homestay permit issued by the zoning administrator. The resident of the accessory homestay shall operate the accessory homestay under all conditions of the accessory homestay permit, and subject to the following: 1. An accessory homestay permit shall be valid for one years from date of issuance. 2. It is the responsibility of the resident to renew the permit upon expiration, by submitting an updated application, as required in 12.9.12.B above. 3. The accessory homestay permit requires the resident, and responsible party if the responsible party is not the resident, to agree to abide by all requirements of this zoning ordinance, and all other applicable federal, state and local laws and regulations. 1 Updated to match occupancy in accessory dwelling from proposed AD regulations Page 10 of 15 RTA: October 11, 2017, 2017
355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 4. With his/her signature on an application for accessory homestay, the resident authorizes the zoning administrator and his/her designee to enter the dwelling unit upon reasonable advance notice in response to a complaint(s), to verify that the accessory homestay is being operated in accordance with the provisions of this 12.9.12 and the home occupation provisions in 12.9.11, and all conditions of the accessory homestay permit. 5. An accessory homestay permit may be revoked by the zoning administrator as set forth below; an applicant whose accessory homestay has been revoked pursuant to this paragraph shall not be eligible to receive any new accessory homestay permit for one year: (a) In the event that there are three or more violations recorded by the County within a one year period; or (b) For failure to comply with the regulations set forth in this 12.9.12, the home occupation provisions in 12.9.11 and any permit conditions; or (c) For refusal to cooperate with the County in a complaint investigation, including allowing the Zoning Administrator or his/her designee to enter the dwelling unit upon reasonable advance notice in accordance with 12.9.12.C.4 above. * * * Article 14. Site Development Standards * * * 375 376 14.3. Parking and Loading * * * 377 378 379 Use Types Required parking and standing space A. Parking shall be provided for all uses in accordance with the following standards unless specified otherwise in this or other sections of this zoning ordinance: Household and group living uses One- and twofamily dwellings Not fronting on cul-de-sac Fronting on cul-de-sac Minimum Parking Requirement (spaces) 1 per dwelling unit 2 per dwelling unit Constructed and maintained in accordance with 14.3.3. Improved in accordance with 14.3.4.A. constructed and maintained in accordance with 14.3.3 Additional Requirements For accessory dwellings pursuant to 12.9.2: 1. If no parking spaces exist prior to issuance of accessory dwelling permit, 1 space shall be created, provided, however, where a parking survey conducted by the County determines that the block on which the main dwelling is located is more less than 65% parked, such new space is not required to be created. 2. Where either 1 or 2 spaces exist prior to issuance of the accessory dwelling permit, all such space(s) shall be maintained; 3. Where >2 spaces exist prior to issuance of the accessory dwelling permit, at least two spaces shall be maintained. Page 11 of 15 RTA: October 11, 2017, 2017
Use Types Townhouses and stacked one-family dwellings Dwellings, other than one- and two-family Minimum Parking Requirement (spaces) 2 per dwelling unit, and 1/5 additional parking spaces per dwelling unit for visitors 1 & 1/8 for each of the first 200 dwelling units in any structure Additional Requirements Additional parking spaces for visitors shall be located in a clearly marked and designated common area available to all visitors. Provided, however, that visitor parking spaces may be included within the required two parking spaces per dwelling unit when at least 50 percent of parking spaces needed to meet the requirement are located in a common area and are available for either residents or visitors. -Constructed and maintained in accordance with 14.3.3 Plus1 for each additional dwelling unit Constructed and maintained in accordance with 14.3.3. 380 381 382 383 384 Article 18. Definitions * * * * * * 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 18.2. General Terms Defined For the purposes of this zoning ordinance certain terms and words used herein shall be defined and interpreted as follows. Abut or abutting: To physically touch or border upon; or to share a common property line or border. Unless otherwise expressly stated, this definition does not include lots or parcels on the opposite side of a street. Accessory building. Same as "building, accessory." Accessory dwelling. Same as dwelling, accessory. Accessory homestay. See homestay, accessory. * * * Dormer. An element of a building that projects from a pitched roof. A dormer may have a window or louver for light or ventilation, and may be of a shed, gable or other design. * * * Duplex. Two attached dwelling units in a single structure on a single lot with dwelling units situated either wholly or partially over or under the other dwelling unit. The building has all exterior characteristics of a one-family attached dwelling, having a single front entrance or one front and one side entrance on the first floor; provided an outside, enclosed stairway located parallel and abutting the rear of the dwelling shall be permitted for direct access to the second floor level. Dwelling, accessory. A complete independent dwelling unit, with kitchen and bath, designed, arranged, used, or intended for occupancy by not more than three two persons for living purposes and meeting the standards of 12.9.2 and under the same ownership as the main dwelling on the lot. Page 12 of 15 RTA: October 11, 2017, 2017
408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 Dwelling or dwelling unit. A building or portion thereof designed exclusively for residential occupancy by one family, which includes provisions for living, sleeping, eating, cooking and sanitation, including One-family detached; Semidetached; Duplex; Townhouse; Multiple-family building. * * * Family: (a) An individual, or two or more persons related by blood, marriage or adoption, or under approved foster care; or (b) A group of not more than four persons (including servants) whether or not related by blood or marriage living together and sharing living areas in a dwelling unit; or (c) A group of up to eight persons with mental illness, intellectual disability or developmental disability who are residing with one or more resident counselor(s) or other staff person(s) in a facility which is licensed by the Department of Behavioral Health and Developmental Services of the Commonwealth of Virginia. For the purposes of this zoning ordinance, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia or its successor; or (d) A group of up to eight aged, infirm or disabled persons who are residing with one or more resident counselor(s) or other staff person(s) in a facility licensed by the Virginia Department of Social Services of the Commonwealth of Virginia. * * * Family/caregiver suite. Not more than two rooms plus a bathroom and "efficiency" kitchen in a dwelling that are designed, arranged, used or intended for occupancy by either not more than two persons who are related by blood or marriage to the principal occupant of the dwelling or no more than two persons who may be unrelated to the principal occupant of the dwelling, at least one of whom provides care for one or more children of the principal occupant of the dwelling or care for or assistance to one or more elder(s) or person(s) with disabilities who are occupant(s) of the main dwelling. * * * Guest. Any non-family member who is invited to occupy a dwelling unit or accessory building by the occupying family, without compensation, for not more than 30 days within one year. This definition shall not apply to hotel or motel or guest room as defined in this zoning ordinance. Guest house. See 12.9.10. Guest room. A room with its own entrance, or with direct access to a common corridor, constituting one hotel or motel unit, that is designed or intended for occupancy by one or more guests, whether or not provision is made for cooking, and not including rooms that are part of dormitories. * * * Home occupation. An accessory use conducted pursuant to 12.9.11, in or from a residential dwelling or its accessory building by person(s) whose principal residence is on the premises. See also. Homestay, accessory. A home occupation in which an owner(s) or tenant(s) of a dwelling unit who uses such dwelling unit as his/her primary residence, rents to a lodger, either such dwelling unit, or any portion thereof. * * * Page 13 of 15 RTA: October 11, 2017, 2017
449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 Lot frontage. Where a front lot line runs along a straight line along the street right-of-way line, lot frontage shall be the front lot line. Where the front lot line includes an angle or curve along the street right-of-way line, the lot frontage shall be a straight line connecting the points where the two side lot lines meet the street right-of-way line. Lot line. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public or private space. Lot line, front. The lot line, or combination of line segments, fronting a street or the legally required access to the lot. On a corner lot, it is the shortest of those lot lines that front a street. Where a corner lot has equal frontage on two or more streets, the front lot line is the lot line on that street on which the greatest number of lots front within the block. Lot line, rear. The lot line most distant from, and most nearly parallel to, the front lot line lot frontage. In addition, the rear lot line shall comply with the following requirements: i) If the lot line that is most distant from the front lot line is a different line from the lot line that is most nearly parallel to the front lot line, then the rear lot line shall be the line whose use results in a greater lot depth. Where two lot lines are equidistant from and equally parallel to the lot frontage, then the point where those two lines intersect shall be used in place of the rear lot line midpoint to measure lot depth. ii) Where two lines are equally distant from and equally parallel to the lot frontage, both lines shall be used to establish the rear yard. Lot line, side. Any lot line other than a front or rear lot line. Where two or more side lot lines are adjoining, they shall be treated as segments of an entire side lot line. * * * One-family detached. A residential building containing one dwelling unit designed for one family and located on a single lot with required yards on all four sides. * * * Story. That portion of a building included between the surface of any floor and the surface of the next floor above it; or, if there be no floor above it, then the space between such floor and the ceiling next above it. Story, half. A story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story and if the roof has a dormer, the dormer wall is set back at least six inches from the front of the wall or main wall below and the width of the dormer is less than 50 percent of the width of the roof. * * * Page 14 of 15 RTA: October 11, 2017, 2017
488 489 490 491 492 493 494 495 496 Townhouse. One of a series of three or more attached similar dwelling units, located on separately-owned lots or on a single lot, separated by common party walls without openings extending from basement to roof, and where each unit has its own external entrance. * * * Page 15 of 15 RTA: October 11, 2017, 2017