1. A. A local governing body may by ordinance allow a zoning administrator to use an administrative process to approve rezoning applications for affordable housing developments, provided that:

   1. 1. At least 75 percent of housing units in the development are affordable housing;
   2. 2. The affordable housing development complies with all applicable provisions under the Virginia Fair Housing Law (§ 36-96.1 et seq.);
   3. 3. The affordable housing development is connected to a public or community water supply or sewage system; and

   4. 4. The affordable housing development is located within or adjacent to an area identified by the locality that could support increased density development and provide access to services.

      Such ordinance shall contain provisions that (i) allow administrative approval of increased housing density zoning usage for qualifying developments; (ii) articulate the minimum number of units per acre, maximum lot size, and height requirements for the affordable housing units; and (iii) require an annual report on the number of approved permits and units and the number of units that are built in accordance with the locality's ordinance.

2. B. No ordinance under this section shall be passed until after notice of an intention to propose such ordinance for passage has been advertised by reference twice, with the first notice being published no more than 28 days before and the second notice appearing no less than seven days before the date of the meeting referenced in the notice, in a newspaper having a general circulation in the locality. The publication shall include a statement that a copy of the full text of the ordinance is on file at the office of the clerk of the circuit court or the office of the chief administrative officer of the locality.
3. C. The Department of Housing and Community Development (the Department) may give a locality that has adopted an ordinance pursuant to this section priority for any grants or loans administered by the Department if such locality demonstrates to the satisfaction of the Department that its ordinance has met the provisions of this section.

2026, c. 406.