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Commonwealth's Counties

VACo Opposes Bill to Make Residential a “By-Right” Use in Commercial and Industrial Districts

SB 430 (Van Valkenburg) proposes to make “any type of residential use that is permitted in a locality” a permitted use on any parcel, except for those with a zoning classification of agriculture, conservation, or a different residential use. The bill also prohibits a locality from requiring a special exception, special use, or conditional use permit for such use.

For example, if a county permits apartment buildings in any zoning district, then apartments would then become a by-right use in any commercial or industrial zoned district (or other district not otherwise zoned for agriculture, conservation, or residences).

SB 430 will be considered in the Senate Local Government Committee on Monday, January 29.

Action required – Contact members of Senate Local Government Committee to vote “NO” on SB 430.


  • 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 any type of residential use on land planned and zoned for commercial and industrial growth, invalidates publicly invested time and money, and ignores the role of counties in making wise land use decisions for their communities.

VACo Contact: Joe Lerch, AICP

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