2025 SESSION

INTRODUCED

24100831D

SENATE BILL NO. 304

Offered January 10, 2024

Prefiled January 9, 2024

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2292.2, relating to zoning; development and use of accessory dwelling units.

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Patron—Salim; Delegate: Srinivasan

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Referred to Committee on Counties, Cities and Towns

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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 15.2-2292.2 as follows:

§ 15.2-2292.2. Development and use of accessory dwelling units.

A. As used in this section,"accessory dwelling unit" or "ADU" means an independent dwelling unit on a residential dwelling lot with its own living, bathroom, and kitchen space. An ADU may be within or attached to a single-family dwelling unit or in a detached structure on a lot containing a single-family dwelling.

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 a special use permit for an ADU or compliance with any other requirements except as provided in this section.

C. Any person proposing an ADU shall first obtain a permit from the locality, for which the locality may charge a fee of no more than $100. A locality shall issue a permit if the applicant demonstrates that the ADU complies with the requirements outlined in this section.

D. Localities may require the following:

1. No more than one ADU to be located on a lot with a single-family dwelling;

2. A rental period for such ADU of at least 30 days;

3. Replacement of a primary dwelling's required parking if the construction of the ADU eliminates such parking;

4. Square footage of the ADU to not exceed 75 percent of the primary dwelling's square footage; and

5. Compliance with (i) limitations on massing and impervious surfaces; (ii) building codes; (iii) water, sewer, septic, and stormwater requirements; and (iv) historic and architectural districts and corridor protection restrictions.

E. Localities shall not require the following:

1. Dedicated parking for the ADU;

2. Lot sizes or setbacks for the ADU greater than that of the primary dwelling;

3. Consanguinity or affinity between the occupants of the ADU and the primary dwelling;

4. Owner occupancy of the ADU or the primary dwelling; and

5. Redundant water, sewer, or septic capacity for the ADU.

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.).

H. Nothing in this section shall apply to any existing permits for an ADU approved by the locality prior to January 1, 2025.

2. That the provisions of this act shall become effective on January 1, 2025.