Bill directs local BZA’s to Overturn Land Use Decisions Based on State Imposed Criteria.
HB 804 (Helmer) requires local Boards of Zoning Appeals to overturn local land use decisions that will have the effect of increasing the supply of housing in a locality, if a locality has not made a “good faith effort” to meet required housing targets over a five-year period. After January 1, 2033, an applicant who seeks local government approval for a residential development that will increase the number of housing units in a locality and has that application rejected may appeal such decision to the Board of Zoning Appeals.
ACTION REQUIRED – Call members of the House Counties, Cities and Towns Committee today to oppose HB 804.
HB 804 was approved by the House Counties, Cities and Towns Subcommittee #2 by a vote of 6– 1 and will be heard in full committee Friday, January 23 for further consideration.
The process for overturning local land use decisions by a BZA begins, starting January 1, 2028, with every locality mandated to increase its total housing stock by an average of 1.5 percent growth per year for five consecutive years to meet a total of 7.5 percent growth target.
In order to be deemed compliant with meeting their targets, every locality is required to develop a housing growth plan that either (1) allow 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 districts; 0r (2) include at least three of the following eight actions:
- Eliminate minimum lot size requirements for new housing developments.
- Eliminate off-street parking requirements for new housing developments.
- Increase building height limits for multifamily housing in one or more districts zoned for multifamily housing.
- Reduce the median time to receive final approval for site plans and rezonings combined for new single-family and multifamily housing developments to 180 days and for new affordable housing developments to 120 days.
- Modify zoning ordinances to allow for accessory dwelling units and high-density housing, including multifamily units such as apartments and condominiums, on land previously zoned for single-family use, including all land use changes necessary to make for feasible construction of accessory dwelling units.
- Rezone all commercial and undeveloped residential parcels to allow for residential development near transit stations, places of employment, higher education facilities, and other appropriate population centers.
- Rezone office parks and strip malls to permit high-density single-family and multifamily housing developments.
- Create and fund an affordable housing trust fund to provide grant subsidies to for-profit and nonprofit developers for the purpose of building single-family and multifamily housing at rates affordable to households earning below 80 percent of the area median income.
KEY POINTS
- State law currently requires localities to include in their comprehensive plans … the designation of areas and implementation of measures for the construction, rehabilitation and maintenance of affordable housing, which is sufficient to meet the current and future needs of residents of all levels of income in the locality while considering the current and future needs of the planning district within which the locality is situated.
- HB 804 preempts local decision-making authority and creates an unnecessary bureaucracy of state level policies and targets for housing that are more appropriate for localities and regions to establish.
- Under state law, local Boards of Zoning Appeals are specifically not granted the … power to rezone property or to base board decisions on the merits of the purpose and intent of local ordinances duly adopted by the governing body.
KEY CONTACT
House Counties, Cities and Towns Committee
VACo Contact: Joe Lerch, AICP