Accessory Dwelling Regulations Update

On May 18, 2019, the Arlington County Board adopted an ordinance updating the standards for accessory dwellings in the Arlington County Zoning Ordinance that take effect July 1, 2019. If you are interested in submitting an application for an accessory dwelling, visit the Building Arlington accessory dwelling permit application process webpage for more information. 

What are accessory dwellings?

Accessory dwellings are smaller, independent second dwellings on a single-family lot. They have their own living, bathroom, and kitchen space. Homeowners often build accessory dwellings to house a relative, age in place, or to bring in additional income by renting the space. In Arlington, accessory dwellings can take multiple forms: they can be located within or attached to the main dwelling, like a basement apartment or an addition, or they can be within a new or existing accessory building. 

County Board Action – May 18, 2019

On May 18, 2019, the County Board adopted new standards that permitted the establishment of new detached accessory dwellings and increased flexibility for homeowners to convert their existing accessory building into a detached accessory dwelling. In November 2017, the County Board adopted standards that permitted accessory dwellings within existing detached accessory buildings, but the Board did not establish standards for newly-built detached accessory dwellings. The Board directed the County Manager to conduct a study of potential setback options for new detached accessory dwellings.

This zoning study examined side and rear setback options for new detached accessory dwellings, by:

  • Looking at what other cities and counties require for setbacks
  • Conducting an analysis to see how many lots could potentially establish an accessory dwelling depending on the setback option
  • Developing new three-dimensional model imagery to try to visualize each setback option
  • Considering the potential effects of each setback option

Schedule

County Board Action – November 27, 2017

Accessory dwelling revisions.  ZOA-2017-05. Adopted November 27, 2017.  This amendment revised the accessory dwelling regulations as follows:

  • To allow detached accessory buildings to be used to create accessory dwellings, only where the building existed prior to November 27, 2017 and where only interior alterations may be conducted to convert to an accessory dwelling (and with other restrictions related to height and footprint);
  • To allow accessory dwellings up to a maximum size of either 750 sf or 35% of the combined area of the main and accessory dwelling (whichever is smaller); except with no limitation on size of accessory dwellings wholly within a basement;
  • To remove limitations on location of the door to an accessory dwelling; and to restrict exterior stairs to a second-story accessory dwelling to frontages not facing a street;
  • To continue to require a deed covenant be filed on the land records and that the owner sign an affidavit of compliance;
  • To continue to require owner-occupancy, however, to allow the property to be occupied by no more than one family if the owner does not occupy the property as his/her primary residence;
  • To remove the annual limit on total number of accessory dwellings that may be approved per year; and
  • Revisions also included minor revisions to parking requirements, use of home occupations and accessory homestay in accessory dwellings; and an increase in the maximum size of a family/caregiver suite.  Staff report Supplemental report.

Request to Advertise

The County Board, at the October 21 meeting, advertised 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, while maintaining the residential neighborhood character.

Board Report
Staff Presentation
Letter from the Planning Commission
Video of the County Board Meeting

Meeting Schedule – 2017

More information

Working Group

A Working Group has been set up to assist staff in determining what changes need to be made to the accessory dwelling ordinance in order to encourage greater usage while preserving Arlington’s single-family neighborhoods.  The Working Group is made up of members of the Housing Commission, two members from the Commission on Aging, a member from the Civic Federation and a member from the Alliance for Housing Solutions.

All meetings are at Courthouse Plaza, 2100 Clarendon Blvd. (unless otherwise noted)

Date and Agenda Location  Meeting Materials 
Feb. 13
7PM
Room 311,
Courthouse Plaza
Introductions
Role of the Working Group
Civic Engagement and Schedule
Overview of Current Regulations
Next Steps
Presentation 
Feb. 28
7PM
Cherry & Dogwood Rooms,
Courthouse Plaza
Zoning and Code Enforcement Overview
Civic Engagement Input
Current Regulations Issues
March 15
7PM
Room 715,
Courthouse Plaza
Civic Engagement Input
Current Regulations Issues
March 28
7PM
Cherry & Dogwood Rooms,
Courthouse Plaza
Homeowner’s Experiences Developing ADs
Revised Schedule
Regulations Issues (continued)
April 3
7PM
Room 715,
Courthouse Plaza
 Regulations Issues/Options Discussed
April 18
7PM
Azalea Room,
Courthouse Plaza
Agenda
Regulations Issues/Options Discussed
April 25
7PM

Room 715,
Courthouse Plaza

Agenda
Regulations Issues/Options Discussed
July 25
7PM
Cherry and Dogwood Rooms,
Courthouse Plaza
 
September 18
7PM
Room 715
Courthouse Plaza