Accessory living units will be allowed in certain zones for the first time in the Town of Vienna when the homeowner secures a permit.
Patch Staff
VIENNA, VA — Accessory living units will be allowed in select zones for the first time in Vienna after action by Town Council Monday.
Vienna Town Council voted to approve an accessory living unit policy, allowing the units in areas zoned for single-unit detached homes, which are RS-16, RS-12.5 and RS-10. Accessory living units may often be referred to as in-law suite or granny suite, as they may accommodate relatives, caregivers and sometimes renters.
Under Vienna's approved policy, homeowners must secure a permit and meet the zoning code guidelines. Town staff requested an effective date of Dec. 30, 2024 for the amendments.
Under the guidelines, accessory living units must be attached to the main house and have living, sleeping, food preparation and bathroom areas. Units may be no more than the lesser of 800 square feet or 40 percent of the main house.
During Monday's Town Council meeting, there was debate about the town's authority to conduct inspections of the unit and main home. The approved zoning amendment says the zoning amendment or another authorized agent may inspect a property as part of a renewal process every two years to ensure compliance. The official would give a week's notice — or 48 hours if a violation is reported — to inspect the main home and accessory living unit.
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Councilmember Sandra Allen questioned why the town would be able to inspect the main residence in addition to the accessory living unit.
"We need to protect people's residences...and if they do want to have an ALU, they should be able to have it. The inspection should be focused on that, not on the entire household," said Allen.
David Levy, the Town of Vienna's director of planning and zoning, said if there was a concern about only the accessory living unit itself, the town would only inspect the unit. Levy said the only reason the town would inspect both would be if there was a "problem that blends over into the principal residence."
"Honestly, I think I said in our discussion of this, that our ability to do inspections on real time is going to be limited in any event," said Levy. "But I understand your point. You don't want to be inspecting where it's not appropriate. That's not the kind of thing we should do in a free country. But in a sense, the person who applies to have this on their property is making themselves open to making sure that the town has the ability to assure it's done correctly."
Councilmember Roy Baldwin agreed with Allen's concern about town inspections of the main home He proposed amendments to make separate living, sleeping, eating, food preparation and bathroom areas required rather than optional. Baldwin also proposed removing the town's ability to inspect the main home.
Baldwin gave an example of how the guidelines might allow an inspection of the main home.
"It seems to me that if the inspector comes and inspects the ALU and says, hey, you're supposed to have living area, living areas, sleeping areas, eating and preparing food and sanitation, but you don't have a kitchen," said Baldwin. The ALU, or the owner of the principal residence, says, well, they're going to use this kitchen that I have in my principal residence. Well, that would, that would give a legitimate ground for the inspector to inspect that that kitchen."
Baldwin's amendments did not pass due to a tie vote.
"I think we should leave it flexible," said Councilmember Chuck Anderson. "And for that reason, I think there would be a reason for inspecting also the principal unit...keeping in mind that these inspections are incredibly rare...and if it does become a problem, then we can address that later on down the line."
Town Attorney Steve Briglia provided Town Council with a legal opinion that the town could revoke the accessory living permit if a homeowner refuses an inspection.
The town's accessory living policy comes as potential Virginia legislation could make all localities allow these types of units in residential areas. State Sen. Saddam Salim, who represents the Town of Vienna in the Virginia Senate, proposed legislation would make accessory living units by right in residential zoning areas. In 2024, the Virginia Senate passed the legislation 22-18, but the House of Delegates did not take action in 2024. The town is monitoring the legislation being reintroduced in 2025.
Levy did not have an estimate on how many accessory living units could be approved in the first year.
"We're going to find out. Market conditions determine it, the percentage of houses that are already at 25 percent lot coverage and don't have an inch to spare, and they've been built out a certain way," said Levy.