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The Voice of the

Commonwealth's Counties

ACTION ITEM: Oppose Bill to Make Accessory Dwellings Units (ADUs) a “By-Right” Use

SB 932 (Salim) mandates all localities permit accessory dwelling units (ADUs) as an accessory use in residential zoning districts. The legislation also prohibits a locality from requiring rear or side setbacks for the ADU that are greater than the setback required for the primary dwelling.

ACTION REQUIRED: Call members of the Senate today to oppose SB 932.

The Senate Local Government Committee reported the bill on January 13 by a vote of 6-5 (with two abstentions). The legislation was amended in committee so that it would not apply to any locality that adopts an ADU ordinance prior to January 1, 2026, provided that such ordinance does not deem an attached or detached ADU to be a special use.

KEY POINTS

  • Local governments have the authority to allow for the inclusion of ADUs within their zoning ordinances and determine the context of where ADUs can be reasonably accommodated to meet the needs of residents and homeowners.
  • A mandate to authorize an ADU in all single-family zoning districts excludes input from citizens and communities on whether, and how, ADUs can fit within existing and proposed residential developments.

VACo Contact: Joe Lerch, AICP

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