Bill > SB454

This bill, effective January 1, 2027, mandates that cities and towns with over 20,000 residents, or those within a designated metropolitan planning area, must allow multifamily and mixed-use residential development as a "by-right" use on at least 50 percent of land zoned for commercial or business uses that are served by public water and sewer. "By-right" means such development is permitted without needing special permits or discretionary approvals, though it must still comply with general zoning ordinances and be reviewed administratively. Localities are prohibited from imposing stricter land use requirements, lower maximum building heights, or lower residential densities than what is already allowed by-right in the underlying commercial zoning district, and cannot require commercial uses within these new residential developments. The bill includes several exceptions, such as for parcels with significant tree canopy coverage (at least 60%), areas near military installations, heavy industrial zones, or sites designated for economic development or casino gaming. It also clarifies that existing buildings converted to multifamily use are exempt from certain requirements if their footprint, height, and setbacks are unchanged. The bill will expire on July 1, 2031.

Government Affairs

https://lis.virginia.gov/bill-details/20261/SB454