AGENDA DATE: 6/17/2026
TITLE:
Title
Resolutions of Intent to address changes in the Code of Virginia for solar facilities, parking requirements, battery energy storage systems, manufactured housing, wireless facilities, affordable housing, and project review timelines.
BODY
SUBJECT/PROPOSAL/REQUEST: Adoption of resolutions of intent to address changes in the Code of Virginia
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Herrick, Tevendale, Fritz
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: The 2025 and 2026 General Assembly sessions resulted in changes to the Code of Virginia. The County Code is not consistent with these changes to the Code of Virginia.
STRATEGIC PLAN: Safety & Well-Being - Nurture a safe and healthy community.
DISCUSSION: In the 2026 session of the General Assembly, a multitude of bills were adopted that amended the Code of Virginia and impact local government’s authority to regulate and review a variety of uses. These changes require amendments to the County’s zoning ordinance. The bills impacting the County Code are:
1. HB 711 / SB 347 Solar facilities; local regulation, permits, special exceptions-Unless permitted by-right the zoning ordinance must be amended to mandate special exception/special use permit review for all projects ≥1 MW in every zoning district, incorporate new state-required criteria (setbacks, screening, height, decommissioning, and SCC reporting), and treat these applications even when inconsistent with the County’s Comprehensive Plan;
2. HB 888 Minimum off-street parking requirements; definitions, administrative reductions-Requires the County to rewrite its parking ordinance to apply strict parking maximums in designated transit-adjacent areas and to provide a mandatory administrative reduction of at least 20% for residential and mixed-use projects outside those areas, along with revising single family dwelling parking requirements to comply with new caps;
3. HB 891 / SB 443 Siting of battery energy storage projects (BESS); commercial solar photovoltaic generation facilities, etc.--The zoning ordinance must be amended to allow BESS by-right on parcels already approved for utility-scale solar SUPs, without additional discretionary land-use approval, while preserving all prior siting-agreement terms and ensuring compliance with safety-related codes;
4. HB 655 / SB 346 Zoning; manufactured housing--The zoning ordinance must be updated to permit manufactured housing in all districts where site-built housing is allowed;
5. HB 1463 Zoning; nonconforming uses, manufactured homes-The zoning ordinance must be updated to revise the nonconforming manufactured home park provisions so replacement units are allowed by-right, aligned with new statutory conditions regarding real-property conversion, age limits, and lot standards;
6. HB 876 Zoning; wireless facilities, temporary support structures-- The County Code must be amended to conform to new state requirements for temporary wireless support structures, including allowing installations for 30 days (extendable to 180), requiring building permits for structures over 80 feet, and avoiding “deemed approved” outcomes if timelines or procedures are not met; and
7. HB 1279 Affordable housing; religious organizations and other nonprofit tax-exempt properties.-- The County must adopt zoning amendments enabling by-right development of up to 20 units/acre on qualifying religious and nonprofit properties (effective Jan. 1, 2027), and may additionally adopt optional ordinances to expanded density bonus tools to preserve or increase affordable units.
In the 2025 session of the General Assembly, the Code of Virginia was amended to change the review times for subdivisions and site plans. The review times in the County’s zoning ordinance and subdivision ordinance must be amended to match the new statutory review framework and be consistent with the Code of Virginia. The bill that changed the review times was HB2660 Subdivision ordinance; shortens timeframe for local approvals.
Information on all these bills may be found on the General Assembly website: vga.virginia.gov <https://vga.virginia.gov/>.
BUDGET IMPACT: No budget impact is expected.
RECOMMENDATION:
Recommendation
Staff recommends the Board adopt the attached Resolutions of Intent (Attachments A through I).
ATTACHMENTS:
Attachment A - Resolution of Intent Zoning Text Amendment Energy Facilities
Attachment B - Resolution of Intent Zoning Text Amendment Parking Regulations
Attachment C - Resolution of Intent Zoning Text Amendment Battery Energy Storage Systems
Attachment D - Resolution of Intent Zoning Text Amendment Manufacture Housing
Attachment E - Resolution of Intent Zoning Text Amendment Manufacture Housing nonconformities
Attachment F - Resolution of Intent Zoning Text Amendment Temporary Wireless Facilities
Attachment G - Resolution of Intent Zoning Text Amendment Religious and other Nonprofit Housing
Attachment H - Resolution of Intent Zoning Text Amendment Site Plan Review Timelines
Attachment I - Resolution of Intent Subdivision Text Amendment Subdivision Review Timelines