Prepare to bow before our machine overlords
In case you’ve never heard of an Accessory Living Unit (ALU), it’s what I’d have termed a mother-in-law suite. It’s a piece of your house that’s been made into its own dwelling unit. Meaning, at a minimum, having its own bathroom and kitchen.
But does it need to have its own external entrance?
I don’t know, let me ask the AI, I still have that page open. NotebookLM says:
Outside Entrances for ALUs: Not Required, but Regulated
So there you go. Below, in blue, is Google’s NotebookLM AI summary of the 11/13/2024 meeting of the Town of Vienna Planning Commission discussion of accessory dwelling units within the Town of Vienna (reference).
AI will sometimes make profound mistakes, so don’t assume this is 100% accurate. But, a) this is a good use case for it, owing to much of the material being dry-as-dust (it’s a zoning ordinance change, for crying out loud), and b) near as I can tell, this looks correct in all major respects.
I did this for the novelty of AI. But I got what seems to be a perfectly satisfactory summary of that meeting. With the realization that the AI was mostly parphrasing what the Town said it its official documents. That said, that’s kind of what I’m looking for — just the bare facts.
If all you need is a fairly good summary of the issue, this will do. At the cost of a few minutes’ time. Skim it. It’s worth the read for the content. The AI novelty is just a bonus.
Pardon my asterisks, below, a side-effect of extracting plain text from the original HTML output.
I’m going to lie down and be obsolete now.
AI summary of the Accessory Living Units regulations currently under consideration in the Town of Vienna.
## What are ALUs/ADUs?
**ALUs (Accessory Living Units) are secondary housing units located on a property with an existing primary residence. The terms ALU and ADU are often used interchangeably, but there may be slight variations in definition depending on local zoning ordinances.
**In the context of the Vienna Planning Commission meeting and the associated documents, the term ALU is used.** These documents define an **attached ALU as “a secondary residential unit established in conjunction with, structurally part of or connected to, and clearly subordinate to a single-unit detached dwelling unit”**. This definition implies that the ALU must be integrated into the existing structure, rather than a separate detached building.
**The proposed zoning amendments being considered by the Vienna Planning Commission would allow property owners in single-family detached housing zones to establish ALUs on their properties, subject to specific regulations.** This is partly driven by proposed state legislation (Senate Bill 304) that could require localities to allow ADUs as a permitted use in single-family residential zoning districts.
**Here’s what the sources tell us about ALUs/ADUs:**
* **They must be smaller than the primary dwelling.** In Vienna, the proposed maximum size is 800 square feet or 40% of the floor area of the principal residence, whichever is less. The state legislation proposes a maximum of 1,500 square feet or 50% of the primary dwelling’s square footage, whichever is less.
* **They must have their own living, bathroom, and kitchen space.** This ensures the ALU functions as an independent dwelling unit.
* **They can be located within, attached to, or detached from the primary dwelling.** However, in Vienna, only attached ALUs are currently being considered.
* **Local ordinances may impose additional regulations**, such as minimum lease periods, parking requirements, and restrictions on certain uses (e.g., in-home daycares).
## Planning Commission Concerns Regarding ALU Code Amendments
The Planning Commission, while generally supportive of the concept of ALUs, raised several key concerns regarding the specific code amendments proposed by the Town Council. These concerns, as discussed during their October 29th work session and the November 13th public hearing, centered around potential impacts on neighborhood character, affordability, parking and infrastructure, and the clarity and enforceability of the regulations.
**Impact on Neighborhood Character:**
* **Long-Term Lease Requirement:** The commission expressed a strong preference for a **minimum 12-month lease period for ALUs**, as opposed to the 30 days proposed in the draft amendments. This change aims to encourage long-term tenants and **reduce potential negative impacts associated with frequent resident turnover**.
* **Prohibition of In-Home Daycares:** The commission discussed **prohibiting in-home daycares (regardless of the number of children) in ALUs** to mitigate potential noise, traffic, and parking concerns in residential neighborhoods.
* **Maintaining Existing Lot Coverage and Setbacks:** The commission affirmed their support for **maintaining all existing lot coverage and setback requirements for ALUs** to ensure that the new units don’t excessively impact the appearance and density of single-family neighborhoods.
**Affordability Concerns:**
* **Potential for High-End Rentals:** The commission, echoing concerns raised in public comments, acknowledged the **risk that ALUs might primarily become high-end rentals**, rather than truly affordable housing options. While no specific solutions were proposed, the commission recognized the need to address this concern to ensure the code amendments achieve their intended goals of increasing housing diversity and affordability.
**Parking and Infrastructure:**
* **Parking Requirements and Enforcement:** The commission generally agreed with the proposed parking requirements, which mandate one space per sleeping quarter or bedroom in an ALU. However, they also highlighted the need to **clearly define “sleeping quarters” in the code** to avoid potential loopholes.
* **Concerns about Curb Cuts:** The commission discussed concerns about potential loopholes in the proposed curb cut regulations, which require ALUs to utilize the same driveway and curb cut as the principal dwelling. They suggested adding language to **explicitly prohibit new curb cuts for ALUs** to prevent the creation of additional paved areas, particularly on corner lots.
**Clarity and Enforceability of Regulations:**
* **Explicitly Prohibiting Condominium Conversion:** The commission proposed **affirmatively stating in the code amendments that ALUs cannot be converted into condominiums**. This aims to prevent potential conflicts with property ownership structures and ensure ALUs remain accessory to the primary dwelling.
* **Inspection and Compliance:** The commission expressed satisfaction with the proposed regulations requiring inspections and a bi-annual renewal process for ALUs, emphasizing the **importance of effective enforcement to ensure compliance with all zoning, building, safety, health, and sanitation requirements**.
These concerns highlight the Planning Commission’s desire to carefully craft ALU code amendments that strike a balance between encouraging housing diversity and affordability while mitigating potential negative impacts on existing neighborhoods and infrastructure. Their recommendations aim to promote responsible development, ensure regulatory clarity, and address community concerns.
## Potential Impacts of Vienna’s ALU Zoning Changes on Housing and Infrastructure
The proposed zoning changes would allow property owners in Vienna’s single-family detached housing zones (RS-10, RS-12.5, or RS-16) to establish accessory living units (ALUs) on their properties. These changes are being considered, in part, due to potential state legislation requiring localities to allow ADUs (accessory dwelling units).
Here’s a breakdown of potential impacts on housing and infrastructure:
### Housing:
* **Increased Housing Diversity and Affordability:** The proposed changes could potentially lead to increased housing diversity and affordability by creating more housing options within existing single-family neighborhoods. Supporters of ALUs suggest they can accommodate extended families, provide housing for seniors or individuals with disabilities, and offer more affordable rental options.
* **Potential for More High-End Rentals:** Concerns have been raised that the proposed changes might primarily result in more high-end rentals, rather than genuinely affordable housing options. Some residents worry that this could further exacerbate affordability challenges in Vienna, as opposed to alleviating them.
* **Impact on School Populations:** There are concerns that increased density from ALUs could lead to larger school populations, potentially straining existing school capacity. Vienna schools are currently reported to be at or above capacity, making this a significant consideration.
### Infrastructure:
* **Increased Traffic:** The proposed changes could lead to increased traffic in neighborhoods due to the addition of new residents in ALUs. This is a common concern with increased density, particularly in areas with limited street parking.
* **Strain on Existing Infrastructure:** Increased density from ALUs could strain existing infrastructure, including water, sewer, and stormwater systems. The sources do not contain information on the potential extent of this impact or whether the current infrastructure can accommodate additional demand.
* **Parking Challenges:** Existing parking requirements mandate two spaces for homes with up to three bedrooms, three spaces for homes with four bedrooms, and four spaces for homes with four or more bedrooms. ALUs would require one additional parking space per sleeping quarter or bedroom. This raises concerns about potential parking challenges, especially if ALU residents own multiple vehicles.
* **Potential for Increased Curb Cuts:** The addition of curb cuts to accommodate parking for ALUs could impact the aesthetics and functionality of streets. While the proposed amendments require ALUs to use the same driveway and curb cut as the principal dwelling, the Planning Commission discussed concerns about potential loopholes, such as the creation of parking pads with new curb cuts.
### Considerations:
* **Enforcement of Regulations:** The success of the proposed changes in achieving desired outcomes will depend on effective enforcement of the accompanying regulations. The sources outline provisions for inspections and compliance monitoring to ensure that ALUs meet the established standards.
* **Impact on Neighborhood Character:** The sources don’t explicitly discuss the potential impact of ALUs on neighborhood character, but this is often a key concern in zoning debates.
* **Long-Term Effects:** The long-term effects of the proposed changes on Vienna’s housing market and infrastructure are uncertain and would likely depend on factors such as the rate of ALU adoption, the types of housing created, and the overall economic climate.
It is important to note that these potential impacts are based on the information available in the sources and may not encompass all possible outcomes. Further research and analysis may be necessary to fully assess the implications of the proposed ALU zoning changes.
## Renting Your ALU: Owner Occupancy is Key
Based on the information provided in the sources, you **cannot** rent your ALU to someone else if you do **not** also live on the property. The proposed ALU regulations for Vienna have a strict **owner occupancy requirement**, meaning that the **property owner must reside in either the principal residence or the ALU**. This is a key factor in the approval process and is consistently emphasized throughout the sources.
Here’s a breakdown of the key points from the sources supporting this:
* **Definition of an Attached ALU:** An attached ALU is defined as a secondary residential unit that is “clearly subordinate to a single-unit detached dwelling unit”. This definition implies that the ALU is intended for use as an accessory to the primary dwelling, rather than a separate, independently rentable unit.
* **Owner Occupancy as a Core Principle:** The draft code amendments explicitly state, “The property owner must reside in either the principal residence or the accessory living unit”. This requirement is listed as a fundamental condition for establishing an ALU.
* **Owner-Occupancy Affidavit:** As part of the ALU occupancy application, owners must submit an Owner-Occupancy Affidavit, including a statement confirming they will reside in one of the units as their primary residence. This legal document reinforces the owner occupancy requirement and emphasizes the consequences of providing false information or non-compliance.
* **Residency Compliance Form:** Furthermore, property owners are required to submit a Residency Compliance Form to the Zoning Administrator every two years to affirm their continued compliance with ALU regulations, including owner occupancy. This ongoing monitoring mechanism is designed to ensure the ALU is not being used as a standalone rental property without the owner residing on the property.
The Planning Commission discussions, while focused on broader regulatory aspects like lease terms and potential community impacts, did not challenge or express any intention to modify the owner occupancy requirement. This suggests a consensus on the importance of owner occupancy in the context of Vienna’s ALU regulations.
Therefore, the sources clearly indicate that renting your ALU to someone else while you yourself don’t live on the property would be a violation of the proposed regulations.
