Capitol Contact ALERT! Oppose Bills to Make Multi-Family Residential a “By-right” Use in Commercial Districts

HB 816 (Helmer) and SB 454 (VanValkenburg) would require local zoning ordinances to allow for the by-right development and construction of multifamily residential and mixed-use residential development on at least 75 percent of all land contained in commercial or business zoning district classifications.

ACTION REQUESTED

The legislation (1) 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; and (2) 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.

HB 816 passed the House by a 64-35 vote. SB 454, which passed the Senate by a 21-19 vote, was amended in committee to limit its application to cities and towns having a population of more than 20,000, or any locality within a federally designated metropolitan planning organization (MPO). There are 34 Virginia counties currently located within designated MPOs.

KEY POINTS

  • Through the implementation of comprehensive plans, capital improvement programs, and land use ordinances, counties have made strategic investments to provide for managed growth in business, jobs, and housing.
  • Counties, in partnership with developers, have successfully implemented mixed use developments that include both commercial and residential components.
  • A mandate to allow for multi-family residential use on land planned and zoned for commercial and business growth, invalidates publicly invested time and money, and ignores the role of counties in making wise land use decisions for their communities.

KEY CONTACTS

VACo Contact: Joe Lerch, AICP

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