Arlington County has a new application for the approval of an accessory dwelling (AD). Applicants must complete the AD Application Packet.
This new application was initiated following the County Board’s adoption of amendments (see “Accessory dwelling revisions”) to the Arlington County Zoning Ordinance (ACZO) for ADs on November 27, 2017. A detailed account of the actions taken by the County Board (including associated staff reports) can be found in the meeting minutes.
ADs serve as an important component of Arlington County’s Affordable Housing Master Plan. Considered an accessory (or subordinate) use, ADs promote a greater diversity of housing and household types in single-family neighborhoods, while maintaining neighborhood character and underlying zoning. Whether ADs are located within an existing one-family detached dwelling or a detached accessory building, ADs function as an independent dwelling unit, with their own entrance, kitchen, and bathroom facilities, and are intended for occupancy by no more than three (3) persons.
Submission & Review Process
STEP 1: Pre-Submission – Determine Eligibility of Property
Before applying for an AD Permit, determine if your property meets the minimum eligibility requirements of the ACZO: (1) The lot must be located in a district zoned R-20, R-10, R-8, R-6, R-5, R-10T, R-15- 30T, or R-2-7; (2) the lot must be improved with a one-family detached dwelling; (3) there cannot already be an AD or a family/caregiver suite on the lot; (3) you must be the owner of the property where the AD is proposed to be located.
STEP 2: Submit Accessory Dwelling (AD) Application Packet
The AD Application Packet is filed with Zoning Administration. Two (2) copies of the AD Application Packet and all supporting documents are required. Zoning counter services staff will review the AD Application Packet to determine completeness and collect all associated fees.
STEP 3: Accessory Dwelling Application Review
Zoning staff will conduct a preliminary review of the “AD Application Packet” and forward their recommendation to the Zoning Administrator for final review. If no issues are identified, the AD Permit will be approved.
An application for an AD permit must comply with the regulations of the ACZO §12.9.2, which establishes the requirements for the creation, approval, and use of all ADs. All applications for an AD Permit must also comply with the coverage, density, and dimensional requirements noted in the ACZO §3.2 and §5. During the review of the AD Application Packet (STEP 3 above), all applications will be checked by Zoning staff to determine if these regulations have been satisfied.
These requirements include (but are not limited to) the following:
- Design Requirements: If the AD has an entrance above the first floor, then no exterior stairs to that entrance can be located on the side of the lot fronting a street. An AD can only be created in a detached accessory building that existed prior to November 27, 2017.
- Owner-Occupancy Requirements: Applicants for an AD Permit must own the property where the AD will be located. The property owner must use either the main dwelling or the AD as their primary residence. If the property owner does not use either the main dwelling or the AD as their primary residence, the entire property cannot be occupied by more than one (1) family.
- Parking Requirements: The number and type of parking space(s) required for an AD is established in the ACZO §14.3.
- ADs are permitted on lots with one (1) off-street parking space, subject to the maintenance of one (1) parking space.
- ADS are permitted on lots with two (2) or more off-street parking spaces, subject to the maintenance of at least two (2) parking spaces.
- ADs may be permitted on lots with no off-street parking spaces only when a parking study performed by the Department of Environmental Services (DES) finds that the block is less than 65% parked. If the block is at least 65% parked, then at least one (1) off-street parking space must be created.
- Size Requirements: The maximum size of an AD varies depending on its location on the lot and the size of the existing main dwelling.
- For ADS located wholly within a basement, there is no specific size limit and only the perimeter walls of the basement restrict its size.
- In all other cases where the existing main dwelling is at least 1,000 square feet, the AD cannot exceed 35% of the combined floor area of the main dwelling and the AD, up to a maximum of 750 square feet.
- In all other cases where the existing main dwelling is less than 1,000 square feet, the AD cannot exceed 45% of the combined floor area of the main dwelling and the AD, up to a maximum of 500 square feet.
- Submission Requirements: Applicants for an AD Permit must file a Declaration of Covenants with the Land Records Division of the Clerk of the Circuit Court and an Affidavit of Compliance with the Zoning Administrator. The Declaration of Covenants must be filed before the issuance of a building permit. The Affidavit of Compliance must be filed before the issuance of a Certificate of Occupancy.
- APPLY IN-PERSON: Accessory Dwelling Application Packet
(submit to Zoning Administration at 2100 Clarendon Boulevard, Suite 1000)
For an AD Permit, the filing fee is $209, plus a 5% automation enhancement fee. The filing fee is paid when the AD Application Packet is submitted to Zoning Administration.
Additional fees will also apply for any required building permits and the Certificate of Occupancy (see Fee Schedule, dated July 15, 2017).