Accessory Dwelling Unit Occupancy
Summary
The City of Fairfax pursued amendments to Chapter 110 (Zoning) of its municipal code to revise Accessory Dwelling Unit (ADU) occupancy standards as part of a broader package that also reduced certain special use permit requirements and made miscellaneous zoning corrections. The central ADU change was the elimination of age and disability requirements for ADU occupancy, which both the Planning Commission and City Council had previously identified as a priority. The amendment also updated terminology from "family" to "household" and replaced an outdated inline description with a reference to the code's formal definition — a change staff characterized as a language modernization that does not alter underlying policy. Staff noted that this narrow occupancy fix was deliberately separated from a broader, more comprehensive review of ADU regulations (covering physical standards, permitting, and more) that is still underway. On July 14, 2025, the Planning Commission voted 4–0 to recommend City Council approval. On July 22, 2025, City Council approved Ordinance 2025-06 unanimously by a 6–0 roll call vote, enacting the amendments.
Open questions & options on the table
- A comprehensive review of ADU regulations (covering physical characteristics, permitting location/methods, and other standards) is still pending; a community meeting was planned for Fall 2025 to inform those wholesale ADU revisions.
What members have said
Voted yes on July 14, 2025 to recommend City Council approve the zoning ordinance amendments, including the ADU occupancy changes. No recorded verbal comments in the material.
Voted yes on July 14, 2025 to recommend City Council approve the zoning ordinance amendments. No recorded verbal comments in the material.
Voted yes on July 14, 2025 to recommend City Council approve the zoning ordinance amendments. No recorded verbal comments in the material.
Voted yes on July 14, 2025 to recommend City Council approve the zoning ordinance amendments; the July 14 transcript records a clarifying question from a commissioner confirming that a text box with three bullet points represented the abbreviated definition of 'household,' consistent with Rice's participation in the discussion.
Voted yes on July 22, 2025 to approve Ordinance 2025-06. No recorded verbal comments in the material.
Voted yes on July 22, 2025 to approve Ordinance 2025-06. No recorded verbal comments in the material.
Voted yes on July 22, 2025 to approve Ordinance 2025-06. No recorded verbal comments in the material. (Note: the July 22 transcript excerpt records a 'No' from 'Councilmember Hall' in what appears to be a separate prior vote; the dated record for agenda item 7c is authoritative and records Hall as yes on Ordinance 2025-06.)
Voted yes on July 22, 2025 to approve Ordinance 2025-06. No recorded verbal comments in the material.
Voted yes on July 22, 2025 to approve Ordinance 2025-06. No recorded verbal comments in the material.
Voted yes on July 22, 2025 to approve Ordinance 2025-06. No recorded verbal comments in the material.
Positions as recorded in meeting minutes; votes without recorded comment aren’t summarized.
Discussion time
Minutes of named discussion per transcribed meeting.
Full history
[6a] Commissioners discussed ADU occupancy rules, including the definition of household, occupant limits for group homes, and potential removal of age and disability requirements; staff noted a community meeting is planned for Fall to inform further wholesale ADU revisions.
passedMotion to recommend City Council approve proposed ordinance amendments to Chapter 110, Zoning, of the Code of the City of Fairfax, including Zoning Districts and Regulations, Site Development Standards, and Development Review and Definitions.✓ Feather✓ Cunningham✓ Lockhart✓ Rice· Briggs· Coleman[7c] Zoning Ordinance amended to eliminate age and disability requirements for ADU occupancy as part of Ordinance 2025-06.
passedApprove Ordinance 2025-06 amending Chapter 110 (Zoning) relating to ADU occupancy, reducing special use permits, and miscellaneous zoning amendments.✓ Amos✓ Bates✓ Hall✓ Hardy-Chandler✓ McQuillen✓ Peterson
Discussed alongside
Topics that come up in the same meetings.