Housing (Zoning)

Zoning for Housing Production Pilot Program created; affordable dwelling unit policy incentives; report. Creates the Zoning for Housing Production Pilot Program to be administered by the Department of Housing and Community Development. To be eligible for a grant from the Program, an eligible locality, as named in the bill, is required to make a change to its zoning policies to allow for by-right development that is expected to further the goal of creating and maintaining mixed-income communities, affordable housing, and moderately priced housing, as those terms are defined in the bill. The Department is required to establish certain guidelines for the Program and to notify eligible localities of the existence and purpose of the Program no later than February 1, 2027. The bill has an expiration date of July 1, 2029.

Zoning; manufactured housing. Amends existing provisions that require localities to permit manufactured housing in areas zoned for agriculture by expanding such requirement to all zoning districts where site-built housing is allowed. The bill provides that manufactured housing shall be subject to development standards that are equivalent to those applicable to site-built single-family dwellings but that such standards shall not have the effect of excluding manufactured housing. The bill also removes the authority of localities without a zoning ordinance to designate the areas within the locality in which manufactured housing may be located. This bill was incorporated into HB 655.

Affordable housing; local zoning ordinance authority. Authorizes any locality in the Commonwealth to provide for an affordable housing dwelling unit program by amending the zoning ordinance of such locality. Current law restricts such authorization to counties with an urban county executive form of government or county manager plan of government and certain other localities. In addition to optional increases in density, the bill provides that such program may include certain additional implementation measures including lot size reductions and accessory housing unit allowances. The bill has a delayed effective date of July 1, 2027, and is identical to SB 74.

Affordable housing; religious organizations and other nonprofit tax-exempt properties. Allows for the administrative approval of development and construction of housing on land owned by property tax-exempt religious organizations or certain property tax-exempt nonprofit organizations and provides that zoning ordinances shall allow the by-right development and construction of housing on real property owned by such organizations, subject to various conditions and limitations. The bill provides that the review of such developments be completed pursuant to general law and states that localities shall not require a special exception, special use permit, conditional use permit, rezoning, or any discretionary review or approval process. The bill requires that at least 60 percent of the housing development's total units be for affordable housing and that the housing development remain affordable for at least 30 years. The bill also provides that all such housing is subject to local real property taxation following completion, unless explicitly exempted by the locality. The bill has a delayed effective date of January 1, 2027, and expires on January 1, 2031. This bill incorporates SB 367 and is identical to HB 1279.

Zoning; agricultural operations; rental of accessory dwellings. Provides that no locality shall prohibit the rental for 30 days or more of existing accessory residential dwellings located on property with an agricultural operation. The bill does not apply to areas within a town.

Department of Housing and Community Development; powers and duties of director; accessory dwelling unit construction guide. Requires the director of the Department of Housing and Community Development to develop an accessory dwelling unit construction guide that provides (i) an overview of the accessory dwelling unit construction process; (ii) a review of ordinances, permits, fees, programs, and incentives related to accessory dwelling unit development by locality; and (iii) a catalog of model accessory dwelling unit designs suitable for various local restraints. Such guide shall be updated at least every five years.

Statewide housing targets for localities. Requires localities to increase their total housing stock by at least 7.5 percent over the five-year period beginning January 1, 2028. The bill provides that in order to meet such 7.5 percent growth target, a locality shall develop a housing growth plan that best meets the needs of the locality while meeting the growth target rates. The bill provides that such plan may include any strategy deemed appropriate by the locality; however, for purposes of demonstrating a good faith effort to meet growth targets, a locality shall include modeling that demonstrates that the plan will result in the permitting of the required number of units and either (i) a zoning ordinance that includes provisions allowing for the by-right development and construction of multifamily residential 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 or (ii) at least three of the housing growth strategies enumerated in the bill. The bill further provides that after January 1, 2033, an applicant that seeks local government approval for a residential development site plan or rezoning that will have the effect of increasing the supply of housing in a locality and has that application rejected may, in addition to other remedies, appeal such decision to the board of zoning appeals.

Affordable housing; local zoning ordinance authority. Authorizes any locality in the Commonwealth to provide for an affordable housing dwelling unit program by amending the zoning ordinance of such locality. Current law restricts such authorization to counties with an urban county executive form of government or county manager plan of government and certain other localities. In addition to optional increases in density, the bill provides that such program may include certain additional implementation measures including lot size reductions and accessory housing unit allowances. The bill has a delayed effective date of July 1, 2027, and is identical to HB 867.