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Accessory Dwelling Regulations Update County Board Work Session July 11, 2017 1

Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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Page 1: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

Accessory Dwelling RegulationsUpdate

County Board Work Session

July 11, 2017

1

Page 2: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 3: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 4: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 5: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 6: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 7: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 8: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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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Page 9: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 10: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 11: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

11

Accessory DwellingLocations

Year # Approved2009 2

2010 3

2011 3

2012 1

2013 1

2014 1

2015 62016 3Total 20

Page 12: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 13: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 14: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 15: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

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Comparison of Local Regulations

Background

Best Practices

Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide

Limit

Next Steps

Page 16: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 17: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

17

Background

Best Practices

Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide

Limit

Next Steps

Page 18: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

Proposed Recommendations

Elements include:• Detached ADs• Size and occupancy • Design requirements• Compliance and parking

18

Background

Best Practices

Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide

Limit

Next Steps

Page 19: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

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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

Page 20: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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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’

Page 21: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

Illustration of maximum size and minimum setback for detached ADs - aerial

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Page 22: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

Illustration of maximum size and minimum setback for detached ADs – street view

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Page 23: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 24: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 25: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

25

Background

Best Practices

Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide

Limit

Next Steps

Page 26: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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Illustration of Design RequirementsLocation of Front Door – Would be Allowed

Page 27: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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Illustration of Design RequirementsLocation of Front Door – Would Not be Allowed

Page 28: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

Illustration of Design RequirementsLocation of Exterior Stairs

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Corner LotInterior Lot

Page 29: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

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Background

Best Practices

Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide

Limit

Next Steps

Page 30: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 31: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 32: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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Can maintain tandem or two with access to street

Illustration of Parking Requirements

or

Existing Condition Option 1 Option 2

Page 33: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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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

Page 34: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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)

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Background

Best Practices

Recommendations• Detached ADs • Size and occupancy• Design requirements• Compliance and parking• Annual Countywide

Limit

Next Steps

Page 35: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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

Page 36: Accessory Dwelling Regulations Update County …...2017/07/11  · Agenda 2 1. Staff presentation 2. Discussion: Key Elements of Proposed Recommendations • Detached Accessory Dwellings

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