Housing (Zoning)

High load facilities; impact assessments. Prohibits a governing body or board of zoning appeals from issuing final approval for any special exception, special use permit, variance, rezoning application, or other land disturbing permit, including building permits and erosion and sediment control permits, for a high load facility, defined in the bill, until the applicant submits a finding of no impact or minimal impact issued by the State Corporation Commission. The bill provides that upon request by the owner or operator of a high load facility, the Commission will assess whether the high load facility will have a material adverse impact upon the incumbent electric utility's ability to (i) to maintain electric grid reliability, (ii) avoid exceeding available generation or transmission capacity constraints, or (iii) meet certain statutory requirements.

Zoning; manufactured housing. Amends existing provisions that require localities to permit manufactured homes in areas zoned for agriculture by expanding such requirement to all zoning districts where site-built housing is allowed, with certain conditions. The bill provides that localities shall not adopt or enforce any zoning, land-use, or development regulation that treats manufactured homes differently or more restrictively than a single-family site-built dwelling allowed in the same zoning district. The bill also removes the authority of localities without a zoning ordinance to designate the areas within the locality in which manufactured homes may be located. This bill incorporates HB 418 and HB 801 and is identical to SB 346.

Optional provisions in subdivision ordinances; time-based restrictions. Adds to the list of optional provisions in local subdivision ordinances provisions restricting the frequency of permissible subdivisions for a qualifying property within a specified time frame not to exceed seven years. The bill requires such provisions to enumerate the required qualifications for eligible properties and to establish procedures for seeking a subdivision of property.

Zoning; by-right multifamily development. Requires a locality to include provisions in its zoning ordinance allowing for the by-right development and construction of multifamily residential uses and mixed-use developments that include both residential and commercial uses on at least 75 percent of all land contained in commercial or business zoning district classifications, including any land contained in commercial or business zoning district classifications that allow for the by-right development and construction of single-family residential uses. The bill provides that such provisions shall not (i) apply in underdeveloped areas that are covered by a tree canopy of at least 60 percent; (ii) impose more stringent land use requirements for such development than would otherwise be required; (iii) require that a special exception, special use, or conditional use permit be obtained for such development; (iv) require a lower height than the greater of the height of the tallest existing building within 500 feet or the height that would otherwise be allowed; (v) require more than one parking space per unit; (vi) require larger setbacks than the existing building in the locality with the smallest setbacks; or (vii) require more costly amenities or design features than would otherwise be required for multifamily or mixed-use buildings.The bill also (a) stipulates that the review and approval of such development shall be done administratively by the locality's staff; (b) requires that the zoning ordinance provisions must exempt any proposed development that converts an existing building to a multifamily residential use from any setback, height, or frontage requirements; (c) prohibits the zoning ordinance provisions to require any proposed development to dedicate some or all of its ground floor space to commercial uses; and (d) provides that any proposed residential development that dedicates a minimum of 10 percent of the total number of housing units to affordable housing may be offered application incentives by the locality. The bill also prohibits localities from approving any commercial or business use on a property adjacent to the approved multifamily residential development that is different from the use that had been established at the time the multifamily residential development was approved.

Charter; City of Virginia Beach; certain land use approvals. Amends the charter for the City of Virginia Beach by providing that no application to rezone property to a higher density or a more intense zoning district south of the blue line, as defined in the bill, shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the city council. The bill further provides that no extension of public water and sanitary sewer shall extend south of the blue line absent a public hearing and specific findings by the city council.

Zoning; development and use of accessory dwelling units. Requires a locality to include in its zoning ordinances for single-family residential zoning districts accessory dwelling units, or ADUs, as defined in the bill, as a permitted accessory use. The bill requires a person to seek a permit for an ADU from the locality, requires the locality to issue such permit if the person meets certain requirements enumerated in the bill, and restricts the fee for such permit to $500 or less. The bill prohibits the locality from requiring (i) construction of new dedicated parking for an ADU in most instances; (ii) setbacks for the ADU more than five feet from the property line; (iii) conditions for ADUs that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, rear or side setbacks, lot size or coverage, or building frontage; or (iv) consanguinity or affinity between the occupants of the ADU and the primary dwelling. The bill has a delayed effective date of July 1, 2027.

Approval of land use applications; residential development. Requires every locality to take final action to approve, approve with conditions, or deny any land use application for the rezoning or development of property that includes residential development within 12 months from the date of submission of such application to the locality.

Study; JLARC; housing projects; zoning restrictions and permitting and approval processes; report. Directs the Joint Legislative Audit and Review Commission to study local zoning ordinances and permitting and approval processes for housing projects. The resolution additionally directs JLARC to provide recommendations to address regulations, ordinances, and processes that inhibit the approval and construction of multi-family or smaller square-footage housing projects in order to improve access to more affordable housing for residents of the Commonwealth.

Minimum off-street parking requirements in certain areas. Provides that a locality shall not require, as a condition of zoning approval, minimum off-street parking for residential, multifamily, or mixed-use development located within a designated area, as defined in the bill, in amounts exceeding (i) 0.5 parking spaces per dwelling unit for multifamily or mixed-use residential development and (ii) one parking space per dwelling unit for one-family and two-family dwellings and townhouses. The bill also provides that no locality shall adopt or enforce any provision of a zoning ordinance that imposes minimum off-street parking requirements for residential, multifamily, or mixed-use development located within a designated area in excess of such limitations. The bill further provides that any locality with a population greater than 20,000 shall, by ordinance, provide for an administrative reduction of minimum off-street parking requirements of not less than 20 percent for residential, multifamily, or mixed-use development proposed on parcels not located within a designated area. This bill incorporates HB 262.

Zoning; nonconforming uses; manufactured homes. Provides that a land owner or home owner may place a manufactured home that meets the current HUD manufactured housing code upon any open lot in a valid nonconforming mobile or manufactured home park regardless of whether a valid nonconforming manufactured home is currently located on such lot. The bill also provides that, for the purposes of determining whether a use has been continuous, an existing mobile or manufactured home shall be considered a valid nonconforming mobile or manufactured home regardless of whether such mobile or manufactured home has been occupied during the preceding two-year period.