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Accessory Dwelling RegulationsUpdate
County Board Work Session
July 11, 2017
1
Agenda
2
1. Staff presentation
2. Discussion: Key Elements of Proposed Recommendations• Detached Accessory Dwellings• Maximum Occupancy• Minimum Lot Width Requirement• Time Requirement for Owner
Occupancy• Annual Countywide Limit
3. Next Steps
Basement ADPortland, ORaccessorydwellings.org
Presentation Outline
3
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide Limit
Next Steps
English basementWashington, DCzillow.com
Affordable Housing Master Plan• Identified ADs as an existing tool to:
• Provide an adequate supply of housing• Help older adults age in place• Provide a typically lower-priced
housing alternative• Enable homeowners to receive
additional income
• Recommended review of ordinance to encourage greater use
• Board directive during adoption was to look into adjustments over the next two years
4
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
5
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Demographics • Older adult households are expected to grow
three times faster than other households• Many older adults want to remain in Arlington
but worry about rising housing costs• Average age of homeowner creating an AD in
Arlington is 55• Sharp decline in the number of market
affordable housing units• Affordable housing gap of 7,000 units• Average rent charged for an AD in Arlington
is $1,000
Goals for revised zoning
• Make it easier for residents to add accessory dwellings
• Maintain residential neighborhood character
6
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
What is an Accessory Dwelling?• In Arlington, an accessory dwelling (AD) is an
independent dwelling unit that:• Has its own kitchen and bath• Is within a single family detached house• Is designed, arranged, used or intended for
occupancy by not more than two persons• Has a separate entrance
• AD must meet building code requirements for a separate unit:• fire separation, fire
egress, separate heating and air handling
7
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Unit Types
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Accessory dwellings are currently allowed in all R districts in one family detached dwellings
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Other Residential Accessory Options• Family/Caregiver Suite
• Not more than two rooms plus a bathroom and efficiency kitchen; maximum of 500 sq. ft.
• 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
• Short-term Residential Rental• Allows residents to host overnight guests for
stays of less than 30 days in the residential dwelling unit that they reside in as their primary residence
9
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
History
• 2009: Arlington’s accessory dwelling regulations implemented
• 20 approved• 2015: AHMP adopted, with guidance to
review AD regulations for increased flexibility
• 2017: Draft recommendations developed, with staff and citizen input
10
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
11
Accessory DwellingLocations
Year # Approved2009 2
2010 3
2011 3
2012 1
2013 1
2014 1
2015 62016 3Total 20
Process
Staff and working group review (February-May 2017)
Working group comprised of staff, Housing Commission, Commission on Aging, Civic Federation and Alliance for Housing Solutions:
• Reviewed best practices• Spoke with accessory dwelling applicants to
identify barriers• Reviewed current regulations and effectiveness• Examined ordinance provisions that may limit
usage• Identified preliminary ideas for community
discussion
12
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Process
Community engagement (2016-2017)
• Missing Middle Design Gallery (fall 2016)• Affordable Housing Month materials (fall 2016)• Arlington Home Show and Expo (April 2017)• Accessory Dwelling Community Forum (May
2017)• Community Survey (July 2017)
13
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Best Practices
• Many communities across the country have ADs, with names like “granny flat” and “in-law suites”
• Many jurisdictions are reviewing or amending existing regulations for greater flexibility:
• Allowing for larger accessory dwellings• Allowing for greater occupancy• Allowing both attached and detached
accessory dwellings• Some jurisdictions do not currently allow
ADs, such as the City of Alexandria
14
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Arlington County
Fairfax County
Montgomery County
Washington,DC
ADs allowed Yes Yes Yes Yes
Detached allowed
No Yes Yes Yes
Size 1/3 GFA, max 750 sf
Not to exceed 35% GFA
Less than 50% GFA, max 1,200 sf
Not to exceed 35% GFA
Owneroccupancy
Yes Yes Yes Yes
Maximumoccupancy
2 2 2 max (based on building code)
3
15
Comparison of Local Regulations
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Comparison of Installation RatesAnnual # after original ordinance
Action Increase in annual # after action
Installation rate
Portland 27 (2009) Waived system development charges (2009)
Applicationsmore than tripled
135 ADs/Year
150,000 S-F Homes
0.09%
Seattle 35 attached(2010)
Permitted detached ADs (2010)
Following 3 years averaged 30/year detached
50 ADs/Year
130,000 S-F Homes
0.04%
Santa Cruz
120 total (1984-2004)
Allowed in more zoning districts, affordability incentive (early 2000s)
220 total (2004-2017)
20 ADs/ Year
18,000 S-F Homes
0.11%
Arlington 20 Total(2009-2016)
3 ADs/Year
28,000 S-F Homes
0.01%16
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Examples of Detached ADs
Backyard bungalow AD Santa Cruz, CA1 bedroom, 1 bath, 500 sq. ft.
AD above a garage Mount Pleasant, SC1 bedroom, 1 bath
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Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Proposed Recommendations
Elements include:• Detached ADs• Size and occupancy • Design requirements• Compliance and parking
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Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Proposed Detached Accessory StandardsMaximum accessory building height
Smaller of: 1½ stories 25 feet
Placement (using existing accessory building requirements)
Rear setback Corner: 10’ from lot lineInterior: 1’ from lot line
Side setback Corner: 1’ from interior lot lineInterior: 1’ from lot line
Other (front or street setback)
Corner: 25’ from any street
Setback frommain dwelling
Interior and corner lots: 8’
Accessory building footprint
R-5 and R-6 districts: 560 sf All other R districts: 650 sf
19
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Proposed regulations are consistent with detached accessory buildings
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Height from midpoint of roof to grade must not exceed 25’
Illustration of height restriction for detached ADs
Knee wall must not exceed 2’ in height
25’
6’’
2’
Illustration of maximum size and minimum setback for detached ADs - aerial
21
Illustration of maximum size and minimum setback for detached ADs – street view
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Maximum Size Requirements
Type Current ProposedAttached 1/3 of
combined GFA up to maximum of 750 square feet
35% of GFA, up to maximum of 1,000 square feet (in basement)
35% of GFA, up to maximum of 750 square feet (above basement)
Detached Not allowed 35% of GFA, up to maximum of 750 square feet
23
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Occupancy RequirementsCurrent ProposedMaximum occupancy 2 persons
Maximum occupancy 3 persons
Owner occupancy required No change
Owner must live in house for a year before AD approval
No minimum time required prior to creating an AD
No home occupations for contractors or service businesses allowed
Remove restriction on home occupations
24
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Design RequirementsCurrent ProposedAD on a corner lot cannot have entrance visible from street
Remove requirement
Entrance to AD may not be on same side of house as main entrance to main dwelling
Main entrance and AD entrance may be on same side of house, as long as not facing same direction
AD with an entrance above the first floor cannot have exterior stairs visible from the street
Exterior stairs to a second storyAD cannot be on the same side of house that faces a street
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Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
26
Illustration of Design RequirementsLocation of Front Door – Would be Allowed
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Illustration of Design RequirementsLocation of Front Door – Would Not be Allowed
Illustration of Design RequirementsLocation of Exterior Stairs
28
Corner LotInterior Lot
Lot Area/Width RequirementsCurrent ProposedLot must meet minimum area requirements of district
No change
50 foot minimum lot width required
No minimum lot width required
29
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Compliance Requirements
Current ProposedOwner agrees to cooperate with Code Enforcement staff for annual inspections and for complaints.
No change
AD recorded on deed covenant Require deed covenant –reexamine language to help with financing constraints
Affidavit of compliance is required at initial occupancy and whenever new tenant(s) move in
Affidavit of compliancerequired at initial occupancy only, for each new owner or when structural changes are made to the AD
Annual limit of 28 accessory dwellings
No change
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Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Parking RequirementsCurrent ProposedOne existing parking space must be maintainedTwo existing parking spaces must be maintained
No change
If no existing parking spaces:• Create one on-site space;
or• Conduct parking survey
(no parking requirement if block is <65% parked)
No change
If two or more spaces that are not tandem, then at least two such spaces shall be maintained
Remove requirement
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Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
32
Can maintain tandem or two with access to street
Illustration of Parking Requirements
or
Existing Condition Option 1 Option 2
33
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Short-Term Residential RentalsCurrent ProposedAccessory homestay is allowed in an attached accessory dwelling
No change
Accessory homestay is not allowed in a detached accessory building
Allow in a detached accessory building only when it is approved as an accessory dwelling
Next Steps
Timeline
• Survey results compiled (July)• Recommendations finalized (July)• Recommendations reviewed:
• ZOCO – 1 to 2 meetings (July)• Housing Commission (October)
• Request to Advertise (October)• Planning Commission (November)• County Board action (November)
34
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
Discussion on Key Elements of Proposed Recommendations• Detached accessory dwellings• Maximum occupancy• Minimum lot width requirement• Time requirement for owner occupancy• Annual Countywide limit
35
Background
Best Practices
Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide
Limit
Next Steps
36