Virginia House passes bill to streamline accessory dwelling unit regulations

The Virginia House of Delegates introduced House Bill No. 900 on November 18, 2024, aimed at amending the Code of Virginia to facilitate the development and use of accessory dwelling units (ADUs) across the state. This legislative proposal seeks to address housing shortages and promote more flexible living arrangements within single-family residential zones.

The bill defines an accessory dwelling unit as an independent living space that includes its own kitchen, bathroom, and living area, which can be either attached to or separate from a primary dwelling. A significant provision of the bill is that it mandates local zoning ordinances to automatically permit ADUs as an accessory use without requiring a special use permit, streamlining the approval process for homeowners.

Key stipulations include the requirement for homeowners to obtain an ADU permit, with a maximum fee of $250. Localities can impose certain conditions, such as limiting the number of ADUs to one per lot, mandating a minimum lease term of 30 days, and ensuring compliance with building codes and other regulations. However, the bill also restricts localities from enforcing excessive requirements, such as dedicated parking for ADUs or unnecessary setbacks.

The introduction of HB900 has sparked discussions among lawmakers and community members regarding its potential impact on housing availability and local zoning authority. Proponents argue that the bill could alleviate housing shortages by increasing the number of rental units available, particularly in urban areas where housing demand is high. Critics, however, express concerns about the potential for increased density in residential neighborhoods and the implications for community character.

As the bill progresses through the legislative process, it is expected to undergo further debate and possible amendments. Experts suggest that if passed, HB900 could significantly reshape residential zoning practices in Virginia, potentially leading to a more diverse range of housing options and addressing affordability issues in the long term. The outcome of this bill will be closely monitored as it could set a precedent for similar legislation in other states.