Why is the Town of Herndon concerned about how many people live in your home?

Over-occupancy of dwelling units creates health and safety dangers to home occupants and their neighbors. These dangers include fire hazards, spread of disease to occupants and the general population, an opportunity for domestic violence and abuse, effects to mental health, and other adverse impacts on the peace, comfort, and safety of residents. To protect against these dangers, the Town established regulations limiting the number of occupants in a residence. These regulations are intended to ensure a good living environment in residential neighborhoods and reduce vehicle congestion, noise, and overwhelming of public utilities.

What determines the number of people who can live in your home?

The Town utilizes the Virginia Uniform Statewide Building Code (USBC) and the Herndon Zoning Ordinance to ensure the safe occupancy of dwelling units[1]. In general, the limitations are based on the size of the house, the size and number of bedrooms, the relationships of the residents, and fire safety standards. Failure to comply with any portion of these requirements constitutes a violation of legal occupancy allowances.

A. Occupancy Standards Based on the Size of the Residence

The Town limits the number of adult occupants in a house based upon the size of the entire dwelling unit. The following table outlines these limits for single family and two-family dwellings.

* Adult occupant means any individual 18 years of age or older, living or sleeping in a building, or having possession of space within a building.

In a condominium or apartment, the number of adults allowed is calculated by taking the square footage of the unit and dividing by 200. The result gives the number of adults who may live in that unit according to this standard (e.g., 5 adults are allowed a 1000 square foot unit, though the standards of Section B will likely reduce the number allowed).

B. Occupancy Standards for Bedrooms:

One occupant — requires at least 70 square feet of floor area.

Two or more occupants — at least 50 square feet of floor area per person.

Required Bedroom Area

* Number of occupants includes adults and children.

C. Relationship of Occupants

Residential dwellings may be occupied by any one of the following groups of persons or types of families:

1) Persons who are all related to one another by blood, marriage, or adoption (subject to building and bedroom size regulations).

2) Up to four persons who are not all related to one another by blood, marriage, or adoption.

3) Two unrelated persons and any children related to either of them.

4) No more than eight persons who are residents of a group home as defined within the Code of Virginia, or who are handicapped as defined in the Fair Housing Act.

The ordinance also allows up to two persons who may be servants, live-in companions to the elderly or disabled, or “au-pair” employees to occupy the residence in addition to members of the family as defined above, EXCEPT a family as described in #2.

2 Persons who are related includes husbands, wives, parents, children, grandparents, grandchildren, brothers, sisters, aunts, uncles, nephews, nieces, and first cousins (including “step” or “half’ such relationships) as demonstrated by official public records such as drivers’ licenses, birth or marriage certificates; or by affidavits.

D. Fire Safety Requirements for Bedrooms

1) Two means of exit must be available from a bedroom, with one being a door or window leading directly to the exterior.

2) A window exit must have a width of at least 20 inches, a height of at least 24 inches, and a clear opening at least 5.7 square feet in area. A window sill may be a maximum of 44 inches above the floor.

3) An exit must not lead through another sleeping area or a bathroom.

4) Sleeping rooms built after 1996 must have an electrically-powered smoke detector, interconnected with smoke detectors in other sleeping rooms.

An Example - Applying the Standards in a Single Family Dwelling Suppose you live in a townhouse with livable floor area of 1,325 square feet and three bedrooms measuring 85, 108, and 156 square feet. To figure out the number of people who can live in your home, calculate how many people are allowed based on the tables in Sections A and B and then confirm the relationships allowed in Section C. The standards in Section A (based on the size of the residence) permit five related adult occupants plus all related children. The occupancy standards in Section B (bedroom size) allow six related persons (1 in the 85 sq. ft. bedroom, 2 in the 108 sq. ft. bedroom, and 3 in the 156 sq. ft. bedroom). The maximum number of people permitted in the residence must conform to the limits of both standards. Thus, this unit could house six persons, but not more than five adults may live there. Please note that if more than four persons live in the residence, they must all be related (Section C).

Related Issues

• Alterations to a residence require a building permit. Please consult with the Building Official’s office at (703) 435-6850.

• Under most circumstances, you may not have a second kitchen in your home. If you want to add a kitchen, please contact the Department of Community Development by calling (703) 787-7380.

The Town of Herndon applies occupancy requirements to all residents regardless of their race, color, creed, sex, national origin, age, or religion.

If you have additional questions or concerns related to the information presented in this brochure, please contact the Department of Community Development at (703) 787-7380.