HomeMy WebLinkAbout012-26 (OrdAmendmentChapter165PrimaryZoningDistricts)RESOLUTION
Action:
BOARD OF SUPERVISORS: August 12, 2026 Approved
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARJNG
REGARDING CHAPTER 165-WNING ORDINANCE
ARTICLE IV
PRIMARY ZONING DISTRICTS
PART 405 -RESIDENTIAL DISTRICTS
WHEREAS, a proposal to amend Chapter 165 -Zoning Ordinance to incorporate 2026 amendments to the Code
of Virginia enacted by the General Assembly and signed into law by the Governor of the Commonwealth of
Virginia; and
WHEREAS, a proposal to amend Chapter 165 -Zoning Ordinance would modify §165-405.01 (RP, Residential
Performance District Standards) to reduce the minimum lot size for single-fam ily small lot developments; and
WHEREAS, the Frederick County Board of Supervisors finds it appropriate in the public necessity,
convenience, general welfare, and good zoning practice to direct the F rederick County Planning Commission
to hold a public hearing regarding an amendment to Chapter 165;
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors, that in the
interest of public health, safety, gener al welfare, and good zoning practice, t he Frederick County Planning
Commission hold a public hearing to consider changes to Chapter 165 to incorporate 2026 amendments to the
Code of Virginia.
Passed this August 12, 2026, by the following recorded vote:
John F. Jewell, Chainnan Aye Jason C. Aikens Aye
Albert L. Orndorff Aye Robert W. Wells Aye
Michael D. Guevremont Aye Robert T. Liero Aye
Gary R. Oates Aye
A COPY ATTEST
Frede1ick County Administrator
No. 12-26
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Planning and Development Staff
RE: 2026 Legislative Update
DATE: July 29, 2026
Background:
As noted in the discussion of the Phase I Subdivision and Zoning Ordinance Update, which was
adopted May 13, 2026, amendments to the Code of Virginia enacted by the General Assembly and
signed into law by the Governor of the Commonwealth of Virginia should be annually reviewed, and
where applicable, incorporated in the County ordinances. Applicable laws have been reviewed by staff
and key bills are summarized below.
2026 Legislative Update:
Bill
Number
Description Recommended
Action
HB 1212 Any locality with a population of 20,000
or more shall adopt and maintain a
zoning district classification that permits
one-family and two-family dwellings
and townhouses as a by-right use on lots
with a minimum lot area not exceeding
3,000 square feet.
Ordinance
Amendment
Amend §165-405.01
(RP, Residential
Performance District
Standards) to reduce
single-family small lot
“minimum lot size” to
comply with state
code.
HB 1279
SB 288
Allows for the administrative approval
of development and construction of
housing on land owned by property tax-
exempt religious organizations or certain
property tax-exempt nonprofit
organizations and provides that zoning
ordinances shall allow the by-right
development and construction of
housing on real property owned by such
organizations, subject to various
conditions and limitations. The bill
provides that the review of such
developments be completed pursuant to
No Action; hold
on amendment
until 2031
Legislation does not
take effect until
January 1, 2027, and
has a sunset clause of
January 1, 2031.
Staff will implement it
in practice, honoring
any application under
this provision that
come in, and wait for
reenactment of the
legislation after
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Page 2 of 3
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. The bill requires that at
least 60 percent of the housing
development's total units be for
affordable housing and that the housing
development remain affordable for at
least 30 years. The bill also provides that
all such housing is subject to local real
property taxation following completion,
unless explicitly exempted by the
locality. The bill has a delayed effective
date of January 1, 2027, and expires on
January 1, 2031.
January 1, 2031 before
amending ordinance.
HB 1463 Provides that a landowner or homeowner
may place a manufactured home that
meets the current HUD manufactured
housing code upon any open lot in a valid
nonconforming mobile or manufactured
home park regardless of whether a valid
nonconforming manufactured home is
currently located on such lot. The bill
also provides that, for the purposes of
determining whether a use has been
continuous, an existing mobile or
manufactured home shall be considered
a valid nonconforming mobile or
manufactured home regardless of
whether such mobile or manufactured
home has been occupied during the
preceding two-year period.
No Action;
Ordinance
Compliant
§165-104.04 includes
the necessary state
code reference.
SB 531 Requires a locality to include in its
zoning ordinances for single-family
residential zoning districts accessory
dwelling units, or ADUs, as defined in
the bill, as a permitted accessory use.
The bill requires a person to seek a
permit for an ADU from the locality,
requires the locality to issue such permit
if the person meets certain requirements
enumerated in the bill, and restricts the
fee for such permit to $500 or less. The
bill prohibits the locality from requiring
(i) setbacks for the ADU that are greater
No Action;
Ordinance
Compliant
§165-706.01 includes
the necessary
requirements set forth
in the amendment.
Page 3 of 3
than the setback required for the primary
dwelling or the setback required for
accessory structures on the residential
lot, whichever is less; (ii) conditions for
ADUs that are more restrictive than
those for single-family dwellings within
the same zoning area with regard to
height, rear, or side setbacks, lot size or
coverage, or building frontage; or (iii)
consanguinity or affinity between the
occupants of the ADU and the primary
dwelling. The bill has a delayed effective
date of July 1, 2027.
Summary & Requested Action:
Staff is seeking authorization to proceed with ordinance amendment process to incorporate HB 1212
amendment requirements into the Zoning Ordinance, including review by the Development Review and
Regulations Committee (DRRC) and advertising for public hearing (dates TBD).
Questions regarding the proposal may be directed to staff.
Attachments: 1. Code of Virginia Amendments (applicable)
2. Resolution to Authorize Public Hearing – Chapter 165
VIRGINIA ACTS OF ASSEMBLY - 2026 SESSION
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CHAPTER 751
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An Act to amend the Code of Virginia by adding a section numbered 15.2-2286.2, relating to small lot
residential zoning district.
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[H 1212]
Approved April 13, 2026
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 15.2-2286.2 as follows:
§ 15.2-2286.2. Small lot residential zoning district required.
A. Any locality with a population of 50,000 or more shall adopt, maintain, and apply to land within its
boundaries at least one zoning district classification that permits a single-family dwelling on a lot with a
minimum lot area not exceeding 3,000 square feet.
B. Such zoning district classifications shall not impose minimum lot widths exceeding 30 feet or setback,
lot coverage, or density requirements that would preclude construction of eligible dwellings on conforming
lots.
C. A locality shall satisfy the requirements of this section through either (i) the maintenance of one or
more existing zoning district classifications already applying to land within the locality's boundaries and
meeting the requirements of this section or (ii) the amendment of the requirements of one or more existing
zoning district classifications already applying to land within the locality's boundaries to meet the
requirements of this section.
D. This section shall not apply to areas within a historic district established pursuant to § 15.2-2306.
VIRGINIA ACTS OF ASSEMBLY - 2026 RECONVENED SESSION
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CHAPTER 1096
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An Act to amend and reenact §§ 15.2-2201 and 15.2-2286 of the Code of Virginia and to amend the Code of
Virginia by adding a section numbered 15.2-2288.9, relating to affordable housing; religious
organizations and other nonprofit tax-exempt properties.
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[H 1279]
Approved April 22, 2026
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Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-2201 and 15.2-2286 of the Code of Virginia are amended and reenacted and that the
Code of Virginia is amended by adding a section numbered 15.2-2288.9 as follows:
§ 15.2-2201. Definitions.
As used in this chapter, unless the context requires a different meaning:
"501(c)(3) property tax-exempt nonprofit organization" means any organization exempt from taxation
pursuant to § 501(c)(3) of the Internal Revenue Code of 1954 and whose real property taxes are exempt
pursuant to § 58.1-3609.
"Affordable housing" means, as a guideline, housing that is affordable to households with incomes at or
below the area median income, provided that the occupant pays no more than thirty percent of his gross
income for gross housing costs, including utilities. For the purpose of administering affordable dwelling unit
ordinances authorized by this chapter, local governments may establish individual definitions of affordable
housing and affordable dwelling units including determination of the appropriate percent of area median
income and percent of gross income.
"Conditional zoning" means, as part of classifying land within a locality into areas and districts by
legislative action, the allowing of reasonable conditions governing the use of such property, such conditions
being in addition to, or modification of the regulations provided for a particular zoning district or zone by the
overall zoning ordinance.
"Designated agent" means any agent employed or authorized by a locality and designated by the
governing body to review and act on subdivision plats, site plans, and plans of development. "Designated
agent" does not include the local planning commission. However, the local planning commission may serve
as the designated agent of any locality with a population of 5,000 or less.
"Development" means a tract of land developed or to be developed as a unit under single ownership or
unified control which is to be used for any business or industrial purpose or is to contain three or more
residential dwelling units. The term "development" shall not be construed to include any tract of land which
will be principally devoted to agricultural production.
"Historic area" means an area containing one or more buildings or places in which historic events
occurred or having special public value because of notable architectural, archaeological or other features
relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation
and preservation.
"Incentive zoning" means the use of bonuses in the form of increased project density or other benefits to a
developer in return for the developer providing certain features, design elements, uses, services, or amenities
desired by the locality, including but not limited to, site design incorporating principles of new urbanism and
traditional neighborhood development, environmentally sustainable and energy-efficient building design,
affordable housing creation and preservation, and historical preservation, as part of the development.
"Local planning commission" means a municipal planning commission or a county planning commission.
"Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or
other activity under jurisdiction of the U.S. Department of Defense, including any leased facility, or any land
or interest in land owned by the Commonwealth and administered by the Adjutant General of Virginia or the
Virginia Department of Military Affairs. "Military installation" does not include any facility used primarily
for civil works, rivers and harbors projects, or flood control projects.
"Mixed use development" means property that incorporates two or more different uses, and may include a
variety of housing types, within a single development.
"Official map" means a map of legally established and proposed public streets, waterways, and public
areas adopted by a locality in accordance with the provisions of Article 4 (§ 15.2-2233 et seq.) hereof.
"Planned unit development" means a form of development characterized by unified site design for a
variety of housing types and densities, clustering of buildings, common open space, and a mix of building
types and land uses in which project planning and density calculation are performed for the entire
development rather than on an individual lot basis.
"Planning district commission" means a regional planning agency chartered under the provisions of
Chapter 42 (§ 15.2-4200 et seq.) of this title.-----
"Plat" or "plat of subdivision" means the schematic representation of land divided or to be divided and
information in accordance with the provisions of §§ 15.2-2241, 15.2-2242, 15.2-2258, 15.2-2262, and
15.2-2264, and other applicable statutes.
"Preliminary subdivision plat" means the proposed schematic representation of development or
subdivision that establishes how the provisions of §§ 15.2-2241 and 15.2-2242, and other applicable statutes
will be achieved.
"Religious organization" means the same as that term is described in § 58.1-3617.
"Resident curator" means a person, firm, or corporation that leases or otherwise contracts to manage,
preserve, maintain, operate, or reside in a historic property in accordance with the provisions of § 15.2-2306
and other applicable statutes.
"Site plan" means the proposal for a development or a subdivision including all covenants, grants or
easements and other conditions relating to use, location and bulk of buildings, density of development,
common open space, public facilities and such other information as required by the subdivision ordinance to
which the proposed development or subdivision is subject.
"Special exception" means a special use that is a use not permitted in a particular district except by a
special use permit granted under the provisions of this chapter and any zoning ordinances adopted herewith.
"Street" means highway, street, avenue, boulevard, road, lane, alley, or any public way.
"Subdivision," unless otherwise defined in an ordinance adopted pursuant to § 15.2-2240, means the
division of a parcel of land into three or more lots or parcels of less than five acres each for the purpose of
transfer of ownership or building development, or, if a new street is involved in such division, any division of
a parcel of land. The term includes resubdivision and, when appropriate to the context, shall relate to the
process of subdividing or to the land subdivided and solely for the purpose of recordation of any single
division of land into two lots or parcels, a plat of such division shall be submitted for approval in accordance
with § 15.2-2258. Nothing in this definition, section, nor any ordinance adopted pursuant to § 15.2-2240 shall
preclude different owners of adjacent parcels from entering into a valid and enforceable boundary line
agreement with one another so long as such agreement is only used to resolve a bona fide property line
dispute, the boundary adjustment does not move by more than 250 feet from the center of the current platted
line or alter either parcel's resultant acreage by more than five percent of the smaller parcel size, and such
agreement does not create an additional lot, alter the existing boundary lines of localities, result in greater
street frontage, or interfere with a recorded easement, and such agreement shall not result in any
nonconformity with local ordinances and health department regulations. Notice shall be provided to the
zoning administrator of the locality in which the parcels are located for review. For any property affected by
this definition, any division of land subject to a partition suit by virtue of order or decree by a court of
competent jurisdiction shall take precedence over the requirements of Article 6 (§ 15.2-2240 et seq.) and the
minimum lot area, width, or frontage requirements in the zoning ordinance so long as the lot or parcel
resulting from such order or decree does not vary from minimum lot area, width, or frontage requirements by
more than 20 percent. A copy of the final decree shall be provided to the zoning administrator of the locality
in which the property is located.
"Variance" means, in the application of a zoning ordinance, a reasonable deviation from those provisions
regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a
building or structure when the strict application of the ordinance would unreasonably restrict the utilization of
the property, and such need for a variance would not be shared generally by other properties, and provided
such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which
change shall be accomplished by a rezoning or by a conditional zoning.
"Working waterfront" means an area or structure on, over, or adjacent to navigable waters that provides
access to the water and is used for water-dependent commercial, industrial, or governmental activities,
including commercial and recreational fishing; tourism; aquaculture; boat and ship building, repair, and
services; seafood processing and sales; transportation; shipping; marine construction; and military activities.
"Working waterfront development area" means an area containing one or more working waterfronts
having economic, cultural, or historic public value of such significance as to warrant development and
reparation.
"Zoning" or "to zone" means the process of classifying land within a locality into areas and districts, such
areas and districts being generally referred to as "zones," by legislative action and the prescribing and
application in each area and district of regulations concerning building and structure designs, building and
structure placement and uses to which land, buildings and structures within such designated areas and
districts may be put.
§ 15.2-2286. Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent
taxes; penalties.
A. A zoning ordinance may include, among other things, reasonable regulations and provisions as to any
or all of the following matters:
1. For variances or special exceptions, as defined in § 15.2-2201, to the general regulations in any district.
2. For the temporary application of the ordinance to any property coming into the territorial jurisdiction of
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the governing body by annexation or otherwise, subsequent to the adoption of the zoning ordinance, and
pending the orderly amendment of the ordinance.
3. For the granting of special exceptions under suitable regulations and safeguards; notwithstanding any
other provisions of this article, the governing body of any locality may reserve unto itself the right to issue
such special exceptions. Conditions imposed in connection with residential special use permits, wherein the
applicant proposes affordable housing, shall be consistent with the objective of providing affordable housing.
When imposing conditions on residential projects specifying materials and methods of construction or
specific design features, the approving body shall consider the impact of the conditions upon the affordability
of housing. Conditions may include the period of validity for a special exception or special use permit;
however, in the case of a special exception or special use permit for residential projects, the period of validity
shall be no less than three years.
The governing body or the board of zoning appeals of the Cities of Hampton and Norfolk may impose a
condition upon any special exception or use permit relating to retail alcoholic beverage control licensees
which provides that such special exception or use permit will automatically expire upon a change of
ownership of the property, a change in possession, a change in the operation or management of a facility, or
the passage of a specific period of time.
The governing body of the City of Richmond may impose a condition upon any special use permit issued
after July 1, 2000, relating to retail alcoholic beverage licensees which provides that such special use permit
shall be subject to an automatic review by the governing body upon a change in possession, a change in the
owner of the business, or a transfer of majority control of the business entity. Upon review by the governing
body, it may either amend or revoke the special use permit after notice and a public hearing as required by
§ 15.2-2206.
4. For the administration and enforcement of the ordinance including the appointment or designation of a
zoning administrator who may also hold another office in the locality. The zoning administrator shall have all
necessary authority on behalf of the governing body to administer and enforce the zoning ordinance. His
authority shall include (i) ordering in writing the remedying of any condition found in violation of the
ordinance; (ii) insuring compliance with the ordinance, bringing legal action, including injunction, abatement,
or other appropriate action or proceeding subject to appeal pursuant to § 15.2-2311; and (iii) in specific cases,
making findings of fact and, with concurrence of the attorney for the governing body, conclusions of law
regarding determinations of rights accruing under § 15.2-2307 or subsection C of § 15.2-2311.
Whenever the zoning administrator has reasonable cause to believe that any person has engaged in or is
engaging in any violation of a zoning ordinance that limits occupancy in a residential dwelling unit, which is
subject to a civil penalty that may be imposed in accordance with the provisions of § 15.2-2209, and the
zoning administrator, after a good faith effort to obtain the data or information necessary to determine
whether a violation has occurred, has been unable to obtain such information, he may request that the
attorney for the locality petition the judge of the general district court for his jurisdiction for a subpoena
duces tecum against any such person refusing to produce such data or information. The judge of the court,
upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such
subpoena shall be subject to punishment for contempt by the court issuing the subpoena. Any person so
subpoenaed may apply to the judge who issued the subpoena to quash it.
Notwithstanding the provisions of § 15.2-2311, a zoning ordinance may prescribe an appeal period of less
than 30 days, but not less than 10 days, for a notice of violation involving (a) the storage or disposal of
nonagricultural excavation material, waste, and debris or (b) temporary or seasonal commercial uses, parking
of commercial trucks in residential zoning districts, maximum occupancy limitations of a residential dwelling
unit, or similar short-term, recurring violations.
Where provided by ordinance, the zoning administrator may be authorized to grant a modification from
any provision contained in the zoning ordinance with respect to physical requirements on a lot or parcel of
land, including but not limited to size, height, location or features of or related to any building, structure, or
improvements, if the administrator finds in writing that: (1) the strict application of the ordinance would
produce undue hardship; (2) such hardship is not shared generally by other properties in the same zoning
district and the same vicinity; and (3) the authorization of the modification will not be of substantial
detriment to adjacent property and the character of the zoning district will not be changed by the granting of
the modification. Prior to the granting of a modification, the zoning administrator shall give, or require the
applicant to give, all adjoining property owners written notice of the request for modification, and an
opportunity to respond to the request within 21 days of the date of the notice. The zoning administrator shall
make a decision on the application for modification and issue a written decision with a copy provided to the
applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph.
The decision of the zoning administrator shall constitute a decision within the purview of § 15.2-2311, and
may be appealed to the board of zoning appeals as provided by that section. Decisions of the board of zoning
appeals may be appealed to the circuit court as provided by § 15.2-2314.
The zoning administrator shall respond within 90 days of a request for a decision or determination on
zoning matters within the scope of his authority unless the requester has agreed to a longer period. If the
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decision or determination by the zoning administrator could impair the ability of an adjacent property owner
to satisfy the minimum storage capacity and yield requirements for a residential drinking well pursuant to
§ 32.1-176.4 or any regulation adopted thereunder, the zoning administrator shall provide a copy of such
decision or determination to such adjacent property owner so affected.
5. For the imposition of penalties upon conviction of any violation of the zoning ordinance. Any such
violation shall be a misdemeanor punishable by a fine of not more than $1,000. If the violation is uncorrected
at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance
with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning
violation within the specified time period shall constitute a separate misdemeanor offense punishable by a
fine of not more than $1,000; any such failure during a succeeding 10-day period shall constitute a separate
misdemeanor offense punishable by a fine of not more than $1,500; and any such failure during any
succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable
by a fine of not more than $2,000.
However, any conviction resulting from a violation of provisions regulating the storage or disposal of
nonagricultural excavation material, waste, and debris shall be punishable by a fine of $2,000. Failure to
abate the violation within the specified time period shall be punishable by a fine of $5,000, and any such
failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day
period punishable by a fine of $7,500.
However, any conviction resulting from a violation of provisions regulating the number of unrelated
persons in single-family residential dwellings shall be punishable by a fine of up to $2,000. Failure to abate
the violation within the specified time period shall be punishable by a fine of up to $5,000, and any such
failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day
period punishable by a fine of up to $7,500. However, no such fine shall accrue against an owner or
managing agent of a single-family residential dwelling unit during the pendency of any legal action
commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an
overcrowding condition in accordance with the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et
seq.). A conviction resulting from a violation of provisions regulating the number of unrelated persons in
single-family residential dwellings shall not be punishable by a jail term.
6. For the collection of fees to cover the cost of making inspections, issuing permits, advertising of notices
and other expenses incident to the administration of a zoning ordinance or to the filing or processing of any
appeal or amendment thereto.
7. For the amendment of the regulations or district maps from time to time, or for their repeal. Whenever
the public necessity, convenience, general welfare, or good zoning practice requires, the governing body may
by ordinance amend, supplement, or change the regulations, district boundaries, or classifications of property.
Any such amendment may be initiated (i) by resolution of the governing body; (ii) by motion of the local
planning commission; or (iii) by petition of the owner, contract purchaser with the owner's written consent, or
the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment,
addressed to the governing body or the local planning commission, who shall forward such petition to the
governing body; however, the ordinance may provide for the consideration of proposed amendments only at
specified intervals of time, and may further provide that substantially the same petition will not be
reconsidered within a specific period, not exceeding one year. Any such resolution or motion by such
governing body or commission proposing the rezoning shall state the above public purposes therefor.
In any county having adopted such zoning ordinance, all motions, resolutions or petitions for amendment
to the zoning ordinance, and/or map shall be acted upon and a decision made within such reasonable time as
may be necessary which shall not exceed 12 months unless the applicant requests or consents to action
beyond such period or unless the applicant withdraws his motion, resolution or petition for amendment to the
zoning ordinance or map, or both. In the event of and upon such withdrawal, processing of the motion,
resolution or petition shall cease without further action as otherwise would be required by this subdivision.
8. For the submission and approval of a plan of development prior to the issuance of building permits to
assure compliance with regulations contained in such zoning ordinance.
9. For areas and districts designated for mixed use developments or planned unit developments as defined
in § 15.2-2201.
10. For the administration of incentive zoning as defined in § 15.2-2201.
11. For provisions allowing the locality to enter into a voluntary agreement with a landowner that would
result in the downzoning of the landowner's undeveloped or underdeveloped property in exchange for a tax
credit equal to the amount of excess real estate taxes that the landowner has paid due to the higher zoning
classification. The locality may establish reasonable guidelines for determining the amount of excess real
estate tax collected and the method and duration for applying the tax credit. For purposes of this section,
"downzoning" means a zoning action by a locality that results in a reduction in a formerly permitted land use
intensity or density.
12. Provisions for requiring and considering Phase I environmental site assessments based on the
anticipated use of the property proposed for the subdivision or development that meet generally accepted
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national standards for such assessments, such as those developed by the American Society for Testing and
Materials, and Phase II environmental site assessments, that also meet accepted national standards, such as,
but not limited to, those developed by the American Society for Testing and Materials, if the locality deems
such to be reasonably necessary, based on findings in the Phase I assessment, and in accordance with
regulations of the United States Environmental Protection Agency and the American Society for Testing and
Materials. A reasonable fee may be charged for the review of such environmental assessments. Such fees
shall not exceed an amount commensurate with the services rendered, taking into consideration the time,
skill, and administrative expense involved in such review.
13. Provisions to incorporate generally accepted national environmental protection and product safety
standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects,
such as those developed for existing product certifications and standards including the National Sanitation
Foundation/American National Standards Institute No. 457, International Electrotechnical Commission No.
61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No.
61730-2.
14. Provisions for requiring disclosure and remediation of contamination and other adverse environmental
conditions of the property prior to approval of subdivision and development plans.
15. For the enforcement of provisions of the zoning ordinance that regulate the number of persons
permitted to occupy a single-family residential dwelling unit, provided such enforcement is in compliance
with applicable local, state and federal fair housing laws.
16. For the issuance of inspection warrants by a magistrate or court of competent jurisdiction. The zoning
administrator or his agent may make an affidavit under oath before a magistrate or court of competent
jurisdiction and, if such affidavit establishes probable cause that a zoning ordinance violation has occurred,
request that the magistrate or court grant the zoning administrator or his agent an inspection warrant to enable
the zoning administrator or his agent to enter the subject dwelling for the purpose of determining whether
violations of the zoning ordinance exist. After issuing a warrant under this section, the magistrate or judge
shall file the affidavit in the manner prescribed by § 19.2-54. After executing the warrant, the zoning
administrator or his agents shall return the warrant to the clerk of the circuit court of the city or county
wherein the inspection was made. The zoning administrator or his agent shall make a reasonable effort to
obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection
warrant under this section.
17. For the administrative approval of development and construction of housing on land owned by
501(c)(3) property tax-exempt nonprofit organizations pursuant to § 15.2-2288.9.
B. Prior to the initiation of an application by the owner of the subject property, the owner's agent, or any
entity in which the owner holds an ownership interest greater than 50 percent, for a special exception, special
use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and
sediment control permits, or prior to the issuance of final approval, the authorizing body may require the
applicant to produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater
management utility fees, and any other charges that constitute a lien on the subject property, that are owed to
the locality and have been properly assessed against the subject property, have been paid, unless otherwise
authorized by the treasurer.
§ 15.2-2288.9. Affordable housing; religious organizations and other tax-exempt properties.
A. Notwithstanding any contrary provision of law, general or special, any locality that has adopted a
zoning ordinance pursuant to this article shall allow by right, and not require a rezoning or other legislative
approval as a precondition to the review or approval of a site plan or subdivision plat, the development or
construction of a mixed-use or residential project by a property tax-exempt religious organization or a
501(c)(3) property tax-exempt nonprofit organization.
B. Such mixed-use or residential project shall be permitted by right, notwithstanding the use, height, or
density otherwise permitted under the local zoning ordinance. No locality shall require, as a condition of
approval of a subdivision plat, site plan, or plan of development, that a special exception, special use permit,
conditional use permit, or any other discretionary approval be obtained for such mixed-use or residential
project. The review of such mixed-use or residential projects shall be conducted in accordance with the
provisions of §§ 15.2-2258 through 15.2-2261.
C. Mixed-use or residential projects shall be permitted by right as described in subsection B, provided the
proposed mixed use or residential project meets all of the following conditions:
1. The property has been owned continuously by the property tax-exempt religious organization or
501(c)(3) property tax-exempt nonprofit organization for five years prior to the development application.
2. At least 60 percent of the mixed use or residential project's total housing units are for affordable
housing at 80 percent or less of the area median income, as defined by the U.S. Department of Housing and
Urban Development income limits and rent schedules, for rental units and up to 120 percent of the area
median income for for-sale units, and such affordability is recorded and preserved for a minimum of 30 years
by deed restrictions or other legally binding requirements.
3. All housing built is subject to local real property taxation following completion.
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4. The housing is open to the general public and follows nondiscrimination rules as provided by the
Virginia Fair Housing Law (§ 36-96.1 et seq.).
5. The property is served by or within an area planned for public water and sewer and the mixed-use or
residential project complies with all environmental, historic, siting, and archeological local, state, and
federal laws and regulations applicable to similar projects, including local environmental, historic, and
archaeological standards and siting provisions contained in zoning and land use codes; Department of
Environmental Quality laws and regulations related to wetland protection, stormwater management, and
erosion and sediment control; Department of Transportation laws governing highway access and secondary
streets; and Department of Health laws governing water and wastewater.
D. If a mixed-use or residential project meets the requirements of subsection C, local zoning ordinances
shall be deemed to allow, at a minimum (i) a building height of 45 feet, or the height of the tallest existing
building within 500 feet, whichever is greater, excluding any building granted any additional height above
what is permitted by right in the zoning district in which that building is located via a special exception
approval; however, for a property located within a designated historic district established as of January 1,
2026, the maximum permitted building height shall be controlled by the regulations governing the historic
district; (ii) a density of 20 units per acre, or the most intensive existing residential unit density within 500
feet of the property line of the proposed project, whichever is greater; however, a locality may by ordinance
establish higher minimum residential densities for properties within a revitalization area, transit area, or
area located within a small area plan or sector plan; (iii) setbacks of 10 feet or the smallest setback allowed
for any existing property within 500 feet, whichever is less; (iv) construction of mixed-use and residential
developments with a variety of housing types, including detached, attached, and multifamily housing units;
and (v) residential use of at least 70 percent of the gross floor area, and the remaining uses, not to exceed 30
percent of the gross floor area, may include public accessible ground-floor nonresidential facilities.
Otherwise, the maximum permitted height shall be 45 feet. Permitted nonresidential uses shall include
religious worship space, child day centers as defined in § 22.1-289.02, 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. No additional requirements shall be imposed
regarding floor-area ratio, minimum unit size, or minimum lot size. Residential parking requirements shall be
limited to no more than one space per residential unit, or the fewest parking spaces required for the by-right
residential parking standard under the local zoning ordinance, whichever is less. Parking requirements for
all other permitted nonresidential uses shall be limited to no more than one space per 300 square feet, or the
fewest parking spaces required for that use type under the local zoning ordinance, whichever is less.
E. The provisions of this section shall not apply to property zoned for or adjacent to land zoned for
industrial use.
F. Nothing in this section shall apply to any existing permits for a housing development on real property
owned by a property tax-exempt religious organization or a 501(c)(3) property tax-exempt nonprofit
organization approved by the locality prior to January 1, 2027.
G. Nothing in this section shall be construed to restrict a locality's passage prior to January 1, 2027, of
an ordinance for the development of housing on real property owned by a property tax-exempt religious
organization or a 501(c)(3) property tax-exempt nonprofit organization, or a subsequent amendment thereof,
that substantially complies with the requirements of this section.
H. Notwithstanding the provisions of subsection A, this section shall not apply to any parcel located
within the Air Installation Compatible Use Zones footprint in any locality in which a United States military
air installation or an auxiliary landing field used in connection with flight operations arising from a master
jet base is located. Additionally, nothing in this subsection shall be construed as limiting the authority of
localities to adopt ordinances pursuant to §§ 10.1-2206.1 and 15.2-2306 designed to protect existing or
future areas of historic or archaeological significance, historic sites, historic landmarks, and historic
buildings and structures, or to establish local historic districts.
I. Nothing in this section shall apply to an application for a rezoning, special exception, or special use
permit that is submitted prior to July 1, 2026.
J. Any residential or mixed-use project built pursuant to this section shall be deemed to be substantially in
accord with the comprehensive plan of the host locality.
2. That the provisions of this act shall become effective on January 1, 2027.
3. That property tax-exempt religious organizations or 501(c)(3) property tax-exempt nonprofit
organizations are encouraged to consult resources available on the Department of Housing and
Community Development's website regarding stimulating affordable housing and strategies on
property owned by a property tax-exempt nonprofit organization.
4. That the provisions of this act shall expire on January 1, 2031.
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VIRGINIA ACTS OF ASSEMBLY - 2026 SESSION
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CHAPTER 471
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An Act to amend and reenact § 15.2-2307 of the Code of Virginia, relating to zoning; nonconforming uses;
manufactured homes.
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[H 1463]
Approved April 8, 2026
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Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2307 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2307. Vested rights not impaired; nonconforming uses.
A. Nothing in this article shall be construed to authorize the impairment of any vested right. Without
limiting the time when rights might otherwise vest, a landowner's rights shall be deemed vested in a land use
and such vesting shall not be affected by a subsequent amendment to a zoning ordinance when the landowner
(i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing
development of a specific project, (ii) relies in good faith on the significant affirmative governmental act, and
(iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance
on the significant affirmative governmental act.
B. For purposes of this section and without limitation, the following are deemed to be significant
affirmative governmental acts allowing development of a specific project: (i) the governing body has
accepted proffers or proffered conditions which specify use related to a zoning amendment; (ii) the governing
body has approved an application for a rezoning for a specific use or density; (iii) the governing body or
board of zoning appeals has granted a special exception or use permit with conditions; (iv) the board of
zoning appeals has approved a variance; (v) the designated agent has approved a preliminary subdivision plat,
site plan or plan of development for the landowner's property and the applicant diligently pursues approval of
the final plat or plan within a reasonable period of time under the circumstances; (vi) the designated agent has
approved a final subdivision plat, site plan or plan of development for the landowner's property; or (vii) the
zoning administrator or other administrative officer has issued a written order, requirement, decision or
determination regarding the permissibility of a specific use or density of the landowner's property that is no
longer subject to appeal and no longer subject to change, modification or reversal under subsection C of
§ 15.2-2311.
C. A zoning ordinance may provide that land, buildings, and structures and the uses thereof which do not
conform to the zoning prescribed for the district in which they are situated may be continued only so long as
the then existing or a more restricted use continues and such use is not discontinued for more than two years,
and so long as the buildings or structures are maintained in their then structural condition; and that the uses of
such buildings or structures shall conform to such regulations whenever, with respect to the building or
structure, the square footage of a building or structure is enlarged, or the building or structure is structurally
altered as provided in the Uniform Statewide Building Code (§ 36-97 et seq.). If a use does not conform to
the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by
the locality for such use and (ii) the holder of such business license has operated continuously in the same
location for at least 15 years and has paid all local taxes related to such use, the locality shall permit the
holder of such business license to apply for a rezoning or a special use permit without charge by the locality
or any agency affiliated with the locality for fees associated with such filing. Further, a zoning ordinance may
provide that no nonconforming use may be expanded, or that no nonconforming building or structure may be
moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming use.
D. Notwithstanding any local ordinance to the contrary, if (i) the local government has issued a building
permit, the building or structure was thereafter constructed in accordance with the building permit, and upon
completion of construction, the local government issued a certificate of occupancy or a use permit therefor,
(ii) a property owner, relying in good faith on the issuance of a building permit, incurs extensive obligations
or substantial expenses in diligent pursuit of a building project that is in conformance with the building
permit and the Uniform Statewide Building Code (§ 36-97 et seq.), or (iii) the owner of the building or
structure has paid taxes to the locality for such building or structure for a period of more than the previous 15
years, a zoning ordinance shall not provide that such building or structure is illegal and subject to removal
solely due to such nonconformity. Such building or structure shall be nonconforming. A zoning ordinance
may provide that such building or structure be brought in compliance with the Uniform Statewide Building
Code, provided that to do so shall not affect the nonconforming status of such building or structure. If the
local government has issued a permit, other than a building permit, that authorized construction of an
improvement to real property and the improvement was thereafter constructed in accordance with such
permit, the ordinance may provide that the improvements are nonconforming, but not illegal. If the structure
is one that requires no permit, and an authorized local government official informs the property owner that
the structure will comply with the zoning ordinance, and the improvement was thereafter constructed, a
zoning ordinance may provide that the structure is nonconforming but shall not provide that such structure is
illegal and subject to removal solely due to such nonconformity. In any proceeding when the authorized
government official is deceased or is otherwise unavailable to testify, uncorroborated testimony of the oral
statement of such official shall not be sufficient evidence to prove that the authorized government official
made such statement.
E. A zoning ordinance shall permit the owner of any residential or commercial building damaged or
destroyed by a natural disaster or other act of God to repair, rebuild, or replace such building to eliminate or
reduce the nonconforming features to the extent possible, without the need to obtain a variance as provided in
§ 15.2-2310. If such building is damaged greater than 50 percent and cannot be repaired, rebuilt or replaced
except to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner
shall apply for a building permit and any work done to repair, rebuild or replace such building shall be in
compliance with the provisions of the Uniform Statewide Building Code (§ 36-97 et seq.) and any work done
to repair, rebuild or replace such building shall be in compliance with the provisions of the local flood plain
regulations adopted as a condition of participation in the National Flood Insurance Program. Unless such
building is repaired, rebuilt or replaced within two years of the date of the natural disaster or other act of God,
such building shall only be repaired, rebuilt or replaced in accordance with the provisions of the zoning
ordinance of the locality. However, if the nonconforming building is in an area under a federal disaster
declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to
the declaration, then the zoning ordinance shall provide for an additional two years for the building to be
repaired, rebuilt or replaced as otherwise provided in this paragraph. For purposes of this section, "act of
God" shall include any natural disaster or phenomena including a hurricane, tornado, storm, flood, high
water, wind-driven water, tidal wave, earthquake or fire caused by lightning or wildfire. For purposes of this
section, owners of property damaged by an accidental fire have the same rights to rebuild such property as if
it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit
an arson under § 18.2-77 or 18.2-80, and obtain vested rights under this section.
F. Notwithstanding any local ordinance to the contrary, an owner of real property shall be permitted to
replace an existing on-site sewage system for any existing building in the same general location on the
property even if a new on-site sewage system would not otherwise be permitted in that location, unless access
to a public sanitary sewer is available to the property. If access to a sanitary sewer system is available, then
the connection to such system shall be required. Any new on-site system shall be installed in compliance with
applicable regulations of the Department of Health in effect at the time of the installation.
G. Nothing in this section shall be construed to prevent a locality, after making a reasonable attempt to
notify such property owner, from ordering the removal of a nonconforming sign that has been abandoned. For
purposes of this section, a sign shall be considered abandoned if the business for which the sign was erected
has not been in operation for a period of at least two years. Any locality may, by ordinance, provide that
following the expiration of the two-year period any abandoned nonconforming sign shall be removed by the
owner of the property on which the sign is located, if notified by the locality to do so. If, following such two-
year period, the locality has made a reasonable attempt to notify the property owner, the locality through its
own agents or employees may enter the property upon which the sign is located and remove any such sign
whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the
property. Nothing herein shall prevent the locality from applying to a court of competent jurisdiction for an
order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or
other appropriate remedy.
H. Nothing in this section shall be construed to prevent the land owner or home owner from removing a
valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home
with another comparable manufactured home that meets the current HUD manufactured housing code. A land
owner or home owner may also place a manufactured home that meets the current HUD manufactured
housing code upon any open lot in a valid nonconforming mobile or manufactured home park regardless of
whether a valid nonconforming manufactured home is currently located on such lot. In such mobile or
manufactured home park, a single-section home may replace a single-section home and a multi-section home
may replace a multi-section home.
I. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or
manufactured home park may replace that home with a newer manufactured home, either single- or
multi-section, that meets the current HUD manufactured housing code. For the purposes of determining
whether a use has been continuous pursuant to subsection C and this subsection, an existing mobile or
manufactured home shall be considered a valid nonconforming mobile or manufactured home regardless of
whether such mobile or manufactured home has been occupied during the preceding two-year period. Any
such replacement home shall retain the valid nonconforming status of the prior home.
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VIRGINIA ACTS OF ASSEMBLY - 2026 SESSION
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CHAPTER 895
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An Act to amend the Code of Virginia by adding a section numbered 15.2-2292.3, relating to zoning;
development and use of accessory dwelling units.
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[S 531]
Approved April 13, 2026
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 15.2-2292.3 as follows:
§ 15.2-2292.3. Development and use of accessory dwelling units.
A. As used in this section, "accessory dwelling unit" or "ADU" means an attached or detached dwelling
unit on a residential dwelling lot that:
1. Provides complete independent living facilities for one or more individuals;
2. Is located on the same lot as a proposed or existing primary residence; and
3. Includes facilities for living, sleeping, eating, cooking, and sanitation.
B. Zoning ordinances for single-family residential zoning districts shall be deemed to include accessory
dwelling units as a permitted accessory use, and no locality shall require compliance with any other
requirements except as provided in this section.
C. Any person proposing an ADU shall first obtain an ADU permit from the locality, for which the
locality may charge a fee of no more than $500. Such fee shall be in addition to any other applicable fees,
including inspection, site, or building permit fees, that may be required in connection with the ADU. A
locality shall issue the permit if the applicant demonstrates that the ADU complies with the requirements of
this section and the local codes and ordinances referenced herein.
D. Localities may require the following:
1. A lease term for the rental of an ADU of 30 consecutive days or longer;
2. Replacement of a primary dwelling's required parking if the construction of the ADU eliminates such
parking;
3. Dedicated parking for the ADU;
4. Limits on floor area, lot coverage, and impervious area of an ADU of no less than (i) 350 square feet
on lots less than 2,500 square feet and (ii) 500 square feet on lots 2,500 square feet or greater;
5. Compliance with (i) building codes, including the requirements of the Uniform Statewide Building
Code (§ 36-97 et seq.), for an accessory dwelling unit if the ADU is attached or for a dwelling unit if the
ADU is detached; (ii) water, sewer, septic, emergency access, flood zone, and stormwater requirements; (iii)
historic and architectural districts and corridor protection restrictions; and (iv) Air Installations Compatible
Use Zone restrictions;
6. Owner occupancy of the ADU or the primary dwelling, but not both, only at the time an application is
submitted to construct or convert an accessory dwelling unit;
7. That the ADU shall be no more than 500 feet from the primary dwelling;
8. No ADUs on a residential lot that has more than one dwelling unit; and
9. No ADUs sold separately or subdivided from the primary dwelling.
E. Localities shall not require the following:
1. Rear or side setbacks for the ADU that are greater than the setback required for the primary dwelling
or the setback required for accessory structures on the residential lot, whichever is less;
2. Restrictions for ADUs that are more restrictive than those for single-family dwellings within the same
zoning area with regard to height, rear or side setbacks, lot size or coverage, or building frontage;
3. A restrictive covenant concerning an ADU on a lot or parcel zoned for residential use by a single-
family dwelling;
4. Improvements to public streets as a condition of allowing an ADU, except as necessary to reconstruct
or repair a public street that is disturbed as a result of the construction of the ADU; or
5. Consanguinity or affinity between the occupants of an ADU and the primary dwelling.
F. Nothing in this section shall be construed to supersede or limit contracts or agreements between or
among individuals or private entities related to the use of real property, including recorded declarations and
covenants, the provisions of condominium instruments of a condominium created pursuant to the Virginia
Condominium Act (§ 55.1-1900 et seq.), the declaration of a common interest community as defined in
§ 54.1-2345, the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate
Cooperative Act (§ 55.1-2100 et seq.), or any declaration of a property owners' association created pursuant
to the Property Owners' Association Act (§ 55.1-1800 et seq.).
G. Nothing in this section shall apply to any existing permits for an ADU approved by the locality prior to
July 1, 2027.
H. Nothing in this section shall be construed to restrict a locality's passage prior to July 1, 2027, of an
ADU ordinance, or a subsequent amendment thereof, that substantially complies with the requirements of
this section.
I. Nothing in this section shall apply to a locality that adopted an ADU ordinance prior to January 1,
2026.
2. That the provisions of this act shall become effective on July 1, 2027.
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