SB 388 (McPike) and HB 1279 (Cole) override local decision-making authority by allowing development of housing on land owned by property tax-exempt religious organizations or certain property tax-exempt nonprofit organizations and providing that zoning ordinances shall allow the by-right development of up to 20 units per acre on property owned by such organizations. The measures specify 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.
ACTION REQUESTED
- VACo Members – Contact ALL legislators in the General Assembly (House of Delegates Emails 1 | House of Delegates Emails 2 | Senate of Virginia) to oppose this legislation now.
- Both bills are now headed to a committee conference where select members of each chamber meet to determine if they can agree on the specific language and, more importantly, whether the bill becomes law this year, or whether it must be reintroduced next year for further consideration. Should no agreement be reached, the bills will fail.
- HB 1279 passed the House with a reenactment clause to state that … the provisions of this act shall not become effective unless reenacted by the 2027 Session of the General Assembly.
- SB 388 was amended in committee to permit ground-floor nonresidential uses not to exceed 30 percent of gross floor area of the building. The amended bill specifies that … Permitted nonresidential uses shall include religious worship space, child day centers as defined in § 1-289.02, health clinics, coffee shops, or other uses that are ancillary to the operation or mission of the property tax-exempt religious organization or 501(c)(3) property tax-exempt nonprofit organization. SB 388 passed the Senate without a reenactment clause.
KEY POINTS
- VACo supports maintaining local decisions regarding the location and density of residential and mixed-use development and how such projects may fit within and benefit their community.
- By right development of residential and mixed-use development on any property, regardless of its location and access to adequate publicly funded facilities such as water, sewer, and roads, is inconsistent with the goals and objectives of sound land use policy and practice.
KEY CONTACTS
VACo Contact: Joe Lerch, AICP