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2023 SESSION
23102742DBe it enacted by the General Assembly of Virginia:
1. That § 15.2-2304 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2304. Affordable dwelling unit ordinances in certain localities.
In furtherance of the purpose of providing affordable shelter
for all residents of the Commonwealth, the governing body of any county where the
urban county executive form of government or the county manager plan of
government is in effect, the Counties of Albemarle and Loudoun, and the Cities
of Alexandria, Charlottesville, and Fairfax locality in the
Commonwealth may by amendment
to the zoning ordinances of such locality provide for an affordable housing
dwelling unit program. The program shall address housing needs, promote a full
range of housing choices, help ensure that
the housing needs for older residents to live independently are accommodated,
and encourage the construction and continued existence of moderately priced
housing by providing for optional increases in density in order to reduce land
costs for such moderately priced housing. In
addition to optional increases in density, the program may also include any
combination of the following implementation measures and tools:
1. Lot size reductions, dimensional and form modifications, or floor area ratio increases for the production of affordable housing units, or any combination thereof;
2. Contribution to a local housing trust fund in lieu of construction of affordable housing units;
3. Accessory housing unit allowances;
4. Required set-asides for affordable housing units in market-rate development, provided that required set-asides for market housing units in affordable tax-credit development are also provided, up to a maximum ratio, so as to prevent concentrations of areas with affordable housing or areas with no affordable housing;
5. Housing inspection programs designed to ensure the quality and safety of affordable housing constructed in accordance with the locality's comprehensive plan;
6. Design control, including prohibiting the use of specific building materials, even if such materials are permitted under the Uniform Statewide Building Code, on affordable housing, constructed in accordance with the locality's comprehensive plan;
7. Allowance of duplexes, triplexes, and quadruplexes in areas with primarily single-family detached homes for the purpose of providing affordable housing and creating mixed-income homeownership options;
8. Allowance of conversion of office, light industrial, and commercial space to multifamily use;
9. Encouragement of transit-oriented development;
10. Provision of financial incentives or removal of financial disincentives to promote development of new affordable housing where such development would not otherwise occur under existing conditions; and
11. Other policies, measures, or tools that are materially similar to those listed in this section and that have a positive impact on the production and maintenance of affordable housing units.
Any project that is subject to an affordable housing dwelling unit program adopted pursuant to this section shall not be subject to an additional requirement outside of such program to contribute to a county or city housing fund.
Any local ordinance of any other locality providing optional increases in density for provision of low and moderate income housing adopted before December 31, 1988, shall continue in full force and effect.
Localities adopting such ordinances on or after July 1, 2023, shall, in developing and adopting such housing programs, create an advisory committee and actively seek input from citizens, developers of residential and mixed-use property, real estate professionals, historic preservation professionals, redevelopment and housing professionals and advocates, planners, urban design professionals, and finance professionals.