Bill > SB304

This bill aims to standardize and facilitate the development of accessory dwelling units (ADUs) across Virginia's localities by establishing clear statewide guidelines. An ADU is defined as an independent dwelling unit on a residential lot with its own living, bathroom, and kitchen facilities, which can be within, attached to, or detached from the primary single-family dwelling. The bill requires all single-family residential zoning districts to permit ADUs as an accessory use without needing a special use permit. Localities can only impose specific requirements, such as limiting ADUs to one per lot, mandating a minimum 30-day lease term, ensuring parking replacement, restricting ADU size to 1,500 square feet or 50% of the primary dwelling's size, and requiring owner occupancy of either the ADU or primary dwelling. The bill prohibits localities from imposing overly restrictive setback requirements or demanding familial relationships between occupants of the ADU and primary dwelling. Localities can charge no more than $250 for an ADU permit and must issue the permit if applicants meet the specified requirements. The bill does not override existing private agreements or property restrictions and includes provisions to respect existing local ADU ordinances. The bill is set to become effective on July 1, 2025, with the goal of increasing housing flexibility and affordability by making it easier for homeowners to create additional dwelling units on their property.