How Virginia Beach Handles Zoning Overlays & Bonuses: A Practical Guide

Virginia Beach maintains 196 local ordinances across all categories, and 3 of those deal specifically with zoning overlays & bonuses. Here is a breakdown of what the city actually requires, what is prohibited, and where Virginia Beach falls on the strict-to-permissive spectrum compared to other cities.

Density Bonus Law

Virginia Beach's CZO Article 21 Workforce Housing Program offers density bonuses up to 30 percent for residential projects setting aside units affordable to households earning 80 to 120 percent of area median income.

Key details: Authority: CZO Article 21. Bonus: Up to 30% density. Set-aside: 17% workforce units. Term: 30-year covenant.

Failing to record the 30-year affordability covenant or renting bonus units above approved AMI rents constitutes a zoning violation up to $1,000 per unit per month plus loss of permits.

Virginia Beach is more permissive than most cities when it comes to density bonus law. That said, there are still limits.

Coastal Zone Permits

Any disturbance of primary sand dunes, beaches, or tidal wetlands in Virginia Beach requires a joint permit from the City's Wetlands Board and the Virginia Marine Resources Commission under Va. Code Section 28.2-1100.

Key details: Authority: Va. Code 28.2-1100+. Board: VB Wetlands Board. Application: Joint Permit (VMRC/Corps). Penalty: $25,000/day.

Class 1 misdemeanor up to $25,000 per day plus mandatory restoration. Civil penalties under Va. Code Section 28.2-1320 can reach $25,000 per violation per day.

Compared to other cities, Virginia Beach takes a harder line on coastal zone permits. The enforcement and penalty structure reflects that.

Specific Plans Overview

The Resort Area Strategic Action Plan (RASAP 2030) is Virginia Beach's adopted master plan for the Atlantic Avenue tourism corridor, guiding form-based zoning, height bonuses, and pedestrian streetscape standards along the 5-kilometer boardwalk.

Key details: Plan: RASAP 2030. Acres: ~1,400 resort area. Districts: RT-1, RT-2, RT-3. Boardwalk: ~5 km Atlantic Ave.

Building above approved height or operating outside permitted-use list triggers stop-work orders, daily $100-$1,000 civil penalties, and possible loss of Tourism District incentives.

The Bottom Line

Virginia Beach's zoning overlays & bonuses rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Virginia Beach is broadly strict or permissive.

Keep in mind that Virginia Beach can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.