Housing (Land Use)

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.

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.

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.

Small lot residential zoning districts. Requires any locality with a population of 50,000 or more to adopt, maintain, and apply to land within its boundaries at least one zoning district classification that permits a single-family dwelling on a lot with a minimum lot area not exceeding 3,000 square feet. The bill provides that such zoning district classifications shall not impose minimum lot widths exceeding 30 feet or setback, lot coverage, or density requirements that would preclude construction of eligible dwellings on conforming lots. The bill's provisions do not apply to areas within a historic district.

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.

Zoning; development agreements in certain localities. Allows any locality within Planning District 23 with a population between 245,000 and 350,000 that has adopted a transfer of development rights ordinance to include provisions in its zoning ordinance that allow the governing body to enter into binding development agreements with owners of real property in the locality, so long as the property to be developed contains at least 1,000 acres or is located within (i) a receiving area of a transfer of development rights program and (ii) a tax increment financing district. Current law allows only New Kent County to include such provisions allowing for development agreements in its zoning ordinance.

Timely local decision on certain land use permits; incentives and penalties. Requires that the average time period required for a locality to take final action to approve, approve with conditions, or deny all by-right permit applications from the date of submission of such applications to the locality shall not exceed 12 months. The bill requires the Department of Housing and Community Development to conduct semiannual compliance reviews of each locality and to publish and transmit to the Governor and the General Assembly a report identifying each locality as compliant or noncompliant for the applicable review period. The bill provides that any locality determined by the Department to be compliant for the preceding 12-month period shall be eligible to receive a state grant sufficient to fund one full-time equivalent position within the locality's planning department. The bill further provides that if the Department determines that a locality is noncompliant during a review period, the Commonwealth Transportation Board shall reduce program fund allocations from the Commonwealth Transportation Fund to any project within the boundaries of such noncompliant locality by two percent for the following fiscal year.

Zoning; by-right multifamily development. Requires local zoning ordinances to permit, on any parcel with an existing tree canopy coverage of at less than 60 percent, located within a city or town having a population of more than 20,000 or within a designated metropolitan planning area, multifamily and mixed-use residential development as a by-right use 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 stipulates that any application for a proposed development authorized pursuant to the bill shall be reviewed and acted upon administratively by a locality. The bill prohibits a locality from (i) requiring that a special exception, special use, or conditional use permit be obtained for such development or (ii) imposing more stringent land use requirements, enumerated in the bill, for such development than would otherwise be required. The bill has a delayed effective date of January 1, 2027.

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.