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The Voice of the

Commonwealth's Counties

Bill to Make Multi-Family Residential a “By-Right” Use in Commercial Districts Fails

SB 839 (Van Valkenburg) failed to pass in the Senate Local Government Committee by a vote of 5-7-3 on January 20. The legislation requires all local zoning ordinances to allow for the development and construction of multifamily residential uses on all land contained in commercial or business zoning district classifications.

The legislation also specifies that such ordinances shall not (1) impose more stringent land use requirements for such development than would otherwise be required or (2) require that a special exception, special use, or conditional use permit be obtained for such development.

VACo opposed the bill in committee. Its passage would amount to the state superseding current local authority, by rezoning of all commercial property in the Commonwealth. Counties, in partnership with developers, are successfully implementing mixed use developments that include both commercial and residential components.

VACo Contact: Joe Lerch, AICP

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